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(영문) 인천지방법원 2018.01.25 2017고단9193
사기
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

1. On July 12, 2017, at a place where it is difficult to know on or around July 12, 2017, the Defendant connects IDF to “htp” (htp:/www. w. Mammania.com) a game trading site, and operates the fop-up c1 pop-up c1 at the current website bulletin board of the Korea server of the above website.

D. Royman sale at L.C.

The phrase “” posted a false statement to the victim AG who contacted him/her to the Kakakaox as if he/she sold the said game account.

However, even if the defendant received the payment from the injured party, he thought that he would use the payment as his living expenses, etc., and did not have any other account, so the defendant did not have any intention or ability to sell the above account from the beginning.

The Defendant, by deceiving the victim as such, received 70,000 won from the Nonghyup Bank account (Account Number: AH) in the name of the Defendant under the pretext of its payment from the victim.

2. On May 27, 2017, the Defendant posted a notice to sell smartphones (opphone 6S) on the middle and high-speed page in a place where it is unknown at the risk of not being known to the Defendant, and promised to deposit KRW 205,000 to the AI victims who reported and contacted with the notice to send the subject matter.

However, the defendant did not have the intent or ability to receive money from the injured party and send the goods.

In such a way, the Defendant received 65,000 won from the company bank (AJ) account in the name of the Defendant and acquired 205,000 won from the company bank account in the name of the Defendant on the same day on three occasions in total, and acquired 665,000 won in the same way as the crime inundation table.

Summary of Evidence

1. Statement by the defendant in court;

1. AG, AI, AK, and AL's written statements (including additional evidence documents);

1. Application of the law of replys

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Aggravation of concurrent crimes is a planned crime for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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