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(영문) 수원지방법원 2017.12.15 2017고단4776
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On December 12, 2013, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Changwon District Court on December 12, 2013, and completed the execution of the sentence at a detention house on October 17, 2014.

[2] On July 5, 2016, the Defendant posted a false statement to the effect that he/she had access to the Internet Kakao website using a mobile phone at Suwon-si, Suwon-si, 2016, and that he/she would send money first to the victim C who had reported and contacted with it.

However, at the time of fact, the defendant did not possess the goods such as the clothes ordered by the victim and was thought to use the money received from the victim as living expenses, etc., and eventually, even if he received the payment from the victim, the defendant sent the goods ordered by the victim.

there was no intention or ability to act.

As such, the Defendant, by deceiving the victim, received 180,000 won from the victim to the Saemaul Treasury account (D) under the name of the Defendant on the same day as the price for the goods on the same day from the victim, and, from then on June 18, 2017, by deceiving the victims by the same method 41 times in total, such as the daily list of crimes (1) in attached Form 41, and by receiving the remittance of KRW 15,47,00 from the victims as the price for the goods.

On November 25, 2016, the Defendant sent a false statement to the effect that “E sells clothes and gymnasium” after accessing the Internet Kakao Stostostostostos to “E” in the vicinity of Suwon-si, Suwon-si, Suwon-si, and that the Defendant sent a false statement to the victim F who reported and contacted the sales of money.”

However, in fact, the defendant did not possess things such as clothes ordered by the injured party and thought that money that the injured party received from the injured party is used as living expenses, etc., so the victim is ultimately entitled to receive the payment from the injured party.

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