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(영문) 서울남부지방법원 2018.10.04 2018고단4165
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On December 27, 2017, the Defendant sold the sales proceeds in KRW 550,00 if he/she sent a A8 mobile phone to the victim B by telephone around Seoul around December 27, 2017.

The phrase “ makes a false statement.”

However, even if the defendant received a mobile phone from the injured party, he did not think of selling 50,000 won, and even if he sold a mobile phone, he did not have the intention or ability to return the sales proceeds to the injured

Accordingly, the Defendant, by deceiving the victim as above, received a delivery of a A8 mobile phone from the victim with a galloning jumal jus in the market value on the same day.

B. On December 29, 2017, the Defendant lent KRW 550,000 to the victim B by telephone at a Buddhist area not exceeding Seoul around December 29, 2017, if the agreement is insufficient that he/she caused a traffic accident, and the Defendant borrowed KRW 550,000 to the victim B.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay the following day even if he received money from the injured party because the defendant did not have to pay the agreed amount due to the lack of traffic accident, and there was no amount of 50,000 won.

Accordingly, the Defendant, as seen above, was accused of the victim, and was transferred the sum of KRW 550,00 to the bank account (D) in the name of Defendant C on the same day from the victim.

(c)

On January 4, 2018, the Defendant sent to the victim B a cell phone store by telephone to the victim B on January 4, 2018. The Defendant would sell and return the sales proceeds for KRW 500,000 if he sent to B a middle gallon store in which he operated the cell phone.

The phrase “ makes a false statement.”

However, even if the defendant received a mobile phone from the injured party, he did not think of selling 50,000 won, and even if he sold a mobile phone, he did not have the intention or ability to return the sales proceeds to the injured

Accordingly, the defendant deceivings the victim as above, and is the same day as the victim.

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