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(영문) 대구지방법원 2014.09.03 2013고단5114
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 190,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On January 14, 2011, the Defendant, at the Seoul Southern District Court, sentenced on January 14, 201, one year and ten months of imprisonment for fraud, and completed the execution of the sentence in the Daegu Prison on January 19, 2012.

[2013 Height514]

1. On June 20, 2013, at the Defendant’s house located in Daegu-gu, Daegu-gu, the Defendant posted a letter on the victim E’s Internet NAVER, and sent the victim a text message stating that “The victim E sells 23,000 won and send it in registration,” as a mobile phone. However, the Defendant did not have a merchandise coupon, and thus, did not have an intention or ability to sell it.

Accordingly, the defendant deceivings the victim, and received 23,000 won from the victim as the gift certificate price for the same day to the defendant's national bank account.

2. On July 31, 2013, the Defendant: (a) at GPC room located near Daegu-gu FNV streets; (b) reported that the Victim H H’s I expressed that I would sell a computer product by NA-rating to I, but did not have an intent or ability to sell the computer product because it did not have a computer product.

Accordingly, the defendant deceivings I, and received 150,000 won from the victim as the price for computer goods on the same day to the defendant's national bank account.

[2014 Highest 2529] On September 13, 2013, the Defendant reported the content that the victim JJ would purchase a computer monitor at an off-site Internet NAB Rona, and falsely stated that the Defendant would send money to the victim by visiting NAB with NAB-rating to transfer money.

However, there was no intention or ability to send money to victims even if they receive money from victims because they did not have a computer monitor at the time.

The defendant deceivings the victim as such, and is also the defendant at the time of such deception.

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