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(영문) 대구지방법원 김천지원 2014.02.06 2013고단1503
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 27, 2013, at a place where the Defendant’s location is unknown, the Defendant made a false statement to the victim B, who made a phone call, stating that “The Defendant sold S4 at gallon C Caf site” was “the Defendant wired KRW 4.20,000 won to send gallon 4 by using a convenience store line.”

However, in fact, the Defendant did not have S4 when galloning, and there was no intention or ability to send S4 when galloning even if he received money from the victim because he thought to use the money by deceiving the victim.

After all, the Defendant deceivings the victim as above, and received 420,000 won from the victim to the Agricultural Cooperative (D) account under the name of the Defendant.

2. On August 2, 2013, at a place where it is difficult to know the place, the Defendant reported a notice stating that “The Defendant sold S4 in gallon C C Caf page” that was put by the Defendant on the Internet Nene C Caf site, and made a false statement to the victim E, who called “the Defendant, who sent S4 in galthal jus by using a convenience store line, remittance of KRW 480,000 won.”

However, in fact, the Defendant did not have S4 when galloning, and there was no intention or ability to send S4 even if he received money from the victim because he thought to use the money by deceiving the victim.

Ultimately, the Defendant deceivings the victim as above and received 480,000 won from the victim’s account in the name of the said Defendant.

3. On August 20, 2013, at a place where the location is unknown, the Defendant: (a) reported the victim F’s phone number written in the Internet G car page that “I will purchase solar PCs; and (b) made a false statement with the victim’s phone number written in the notice that “I will send the victim a plaque if I remitted 300,000 won to the victim.”

However, in fact, the defendant did not have a plaque and did not have a victim.

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