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(영문) 인천지방법원 2019.03.20 2018고단7965
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 23, 2018, the Defendant posted a false statement to the effect that “B sells C (game money)” in a “B” game at an infinite place, and made a false statement to the effect that “C (game money) will be sold.”

However, as the defendant does not own the selling game money, the defendant did not have the intention or ability to send the game money even if he receives the price.

Nevertheless, the Defendant received 44,000 won from the victim to the E-bank account (Account Number:F) in the name of the Defendant for sales proceeds of the same day.

In addition, from September 26, 2018 to September 26, 2018, the Defendant deceivings the victims by the aforementioned methods as shown in the list of crimes in the attached Table, and received a total of KRW 1,342,700, respectively, on 22 occasions.

Accordingly, the defendant was delivered property by deceiving the victims.

The defendant of "2018 Highest 8664" is a person engaged in mobile phone sales business.

On August 11, 2018, the Defendant promised to the effect that, by accessing ID J (E) from the 3rd floor HPC bank in Nam-gu Incheon Metropolitan City, the Defendant sent a letter to ID J (E) to the 3rd floor HPC, selling Aphone8, and that, by reporting this paper, the Defendant would send Iphone8 to the victim L who contacted with the victim L who sent the text “453,000 won if deposit is paid in KRW 453,00.”

However, the defendant had no intention or ability to sell mobile phones even if he/she received money from the victim by posting a false letter of sales.

Nevertheless, the Defendant, as such, belongs to the victim and received 453,000 won from the victim’s M (N) account in the name of the Defendant on August 11, 2018, and as indicated in the attached list of crimes, from August 16, 2018 to 10 victims from August 20, 2018.

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