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(영문) 대구지방법원 2019.05.08 2018고단1297
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2017, the Defendant, “2018 Godan1297,” selling heavy mobile phones through the Internet GH car page at the Defendant’s house of the “Seoul Northern-gu building E-gu, Daegu Northern-gu, Seoul”.

The term "" posted a letter, and made a false statement to the victim I who reported it to the victim I that "on the face of the transfer of money to the account, you will send a heavy gallon S6 and a cellular phone."

However, since the defendant did not have any goods, even if he receives money, he did not have any intention or ability to sell the mobile phone.

As such, the Defendant, by deceiving the victim, received KRW 103,00 from the J bank account under the name of the said victim to receive KRW 103,00,00 from the J bank account under the said victim, and acquired KRW 94,00,000 in total from eight victims as described in the attached Table (i).

2. "2018 Highest 2727"

A. On November 12, 2017, the Defendant posted on the Internet GH car page at the above Defendant’s house, stating that “The three galthno pianos are sold to 65,000 won.” On the part of the Defendant’s house, the Defendant reported that “on the transfer of money, you will send the money to the victim.”

However, the defendant did not have any goods and thought that he would use the mobile phone air system for living expenses, etc., and there was no intention or ability to sell the mobile phone air system.

As above, the Defendant, by deceiving the said victim, received 65,000 won from the said victim’s account under the name of the Defendant for sales proceeds on November 13, 2017.

B. On December 3, 2017, at the above Defendant’s house, the Defendant posted an online GH car page a letter “sale of the galglue S6 mobile phone at KRW 83,00,00,” and made a false statement to the victim N who visited the Defendant’s house that “on the transfer of money, sending things.”

However, the defendant did not have any goods to be sold and thought to use it for living expenses, etc. by receiving money from the above victim, and thus, intent or ability to sell mobile phones.

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