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(영문) 대구지방법원 2018.07.06 2017고단6325
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 160,000 won to the applicant C, and the defendant shall pay 160,000 won to the applicant D.

Reasons

Punishment of the crime

[criminal records] On October 16, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. by the Seoul Northern District Court, and the execution of the sentence was terminated at the Dong House in Seoul Eastern District Court on May 11, 2015.

The Defendant, on April 28, 2017, posted a notice to sell a lecture site on the H’s bulletin board, an Internet site, at a closed-gu G and one’s own house located in P. G and 112, from April 28, 2017, and reported it to the victim I who visited the victim I, “on deposit of money, f.o.s. and f.s.s. and f.s.s. f.s. f.s. f.s.

“.......”

However, in fact, the defendant did not intend to receive the price from the injured party and use it for the cost of living, and did not have lectures, so there was no intention or ability to sell the contract to the injured party.

As above, the Defendant: (a) by deceiving the victim; and (b) received 50,000 won from the victim’s new bank account on the same day; (c) from that time until November 4, 2017, the Defendant was transferred KRW 3,153,000 in total by the same method over 28 occasions, such as the list of crimes in the attached Table.

On May 16, 2017, the Defendant stated that “When depositing money, he will send one air clean machine to the victim A, who puts out his writing to sell air clean machine on the NAC bulletin board using smartphone from 112 of the J building in the Defendant’s residence located in the Geum-gu Busan Metropolitan Government G, and reported it to this effect.”

However, since the Defendant did not have air cleaners, the Defendant sent air cleaners even if receiving money from the injured party.

there was no intention or ability to act.

The Defendant, as such, by deceiving the victim, received 100,000 won from the victim, via a new card account (L) under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 6768] Defendant G around April 28, 2017 and 112.

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