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(영문) 인천지방법원 2014.11.20 2014고단3287
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On June 5, 2012, Defendant A was sentenced to imprisonment with prison labor for fraud, violation of the Electronic Financial Transactions Act, etc. at the Incheon District Court on June 5, 2012, and served in the Incheon Detention House and the astronomical Prison on June 24, 2013 while the execution of the sentence was terminated.

Around March 2013, the Defendant and E were confined in the same room while serving in the astronomical prison, and they were friendly with each other. After release the Defendant, the Defendant transferred to and lives in an incomprehion to the visitors in the area located in the Southern-gu Incheon, and lived with Edo Incheon. On November 2013, the Defendant was able to obtain money by inserting false advertising stating that the Defendant sells valuable and electronic equipment on the Internet website, such as NAV Ba “Nena” in order to raise living expenses, entertainment expenses, etc., and, upon request by the Defendant, the Defendant was able to receive money from the Defendant and to assist the Defendant in opening an account under his/her name.

Criminal facts

On October 19, 2013, the Defendant sent a text message to the effect that, by accessing the website of the Internet Nibera (D700), the Defendant would immediately send the Kamera when remitting the sales price of KRW 1.2 million (D700) to the victim F, who reported and contacted the content that “if you remit the sales price of KRW 1.2 million (D700), you will immediately send the Kamera.”

However, the Defendant did not have the above-mentioned and digital camera, and even if he received the sales proceeds as above from the victim, he did not have any intention or ability to send the above-mentioned and digital camera.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 1.2 million won from the victim to the agricultural bank account in the name of father G on the same day.

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