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(영문) 광주지방법원 2017.06.09 2016고단5693
사기
Text

1. The Defendant is punished by imprisonment with prison labor for each of the crimes set forth in the first sentence of 2016, the second sentence of 5693, the second sentence of 2017, the second sentence of 764, and the second sentence of 2017.

Reasons

Punishment of the crime

[criminal records] On August 23, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for fraud in the Jinwon District Court's Jinju branch, and that judgment became final and conclusive on the 31st of the same month.

[2] On April 26, 2016, the Defendant posted a false statement to the effect that “The Defendant would send the goods to the victim D who had contacted the Defendant by depositing the mobile phone at the mutual influent telephone in Gwangju, and by using the mobile phone at the mutual influence in Gwangju,” and reported it to the effect that “the Defendant would sell the gallon 5 on deposit of the price.”

However, since the defendant did not have the goods to be sold, there was no intention or ability to send the goods to the victim.

As above, the defendant deceiving the victim and received 3.10,00 won from the new bank account (F) in the name of E as the price for the goods on the same day from the victim, and from the above day to May 8, 2016, the defendant deceivings the victims by the same method over 11 times in total, as shown in the attached list 1 of crimes committed from the above day to May 8, 2016, and received a total of 2.86,00 won.

On November 10, 2016, the Defendant of the 2017 Highest 764, selling 5 mobile phones in the “gallonian Republic of Korea” on the website of the gallonian Republic of Korea at the French land not more than Gwangju Metropolitan City on November 10, 2016.

'The article posted this article, and the above article reported it to the victim G who expressed his intention to purchase the article as if it were sold.

However, even if the defendant does not have five mobile phones, and receives the price of goods from the injured party, he/she shall send a mobile phone.

there was no intention or ability to act.

As such, the Defendant, by deceiving the victim, received 280,000 won from the victim’s company bank account (Account Number H) under the name of the Defendant for the consideration of the goods, and received 7,045,00 won from the time to January 29, 2017, including the transfer of 280,000 won from the victim.

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