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(영문) 수원지방법원 2017.09.08 2017고단4338
사기
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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal history] On November 25, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention Center on March 1, 2017.

[2] On March 12, 2017, the Defendant, “2017 Highest 4338,” posted a notice on the Defendant’s home with the Defendant’s wife C and 201 Dong 1004, that access the Internet NAVV to the Defendant’s home with the Defendant’s wife C and 201 Dong 104, and then the Victim BA purchased the Defendant’s off-line figure b.” On the other hand, the Defendant would deliver a figure if he transfers the goods to the Defendant by communicating the Defendant with the cell phone and sending the goods to the Defendant.

A false statement was made.

However, the defendant did not have intention or ability to sell the punishment to the victim.

The Defendant, by deceiving the victim, was transferred KRW 370,00 to the Agricultural Cooperative Account in the name of the Defendant on or around March 12, 2017 from the victim, as the price for goods.

On April 12, 2017, the Defendant, “2017 Highest 4514, the Defendant, at the Defendant’s house, Korea-U.S. population C, 201 Dong 1004, Dong 1004, an Internet site “S. Highest Kab,” and purchased “17 U.S. Ga c2000s,” which was put on the victim B’s bulletin board, reads a mobile phone text message to the effect that “on the first hand, the Defendant will deliver goods to the victim”.

However, the defendant did not possess the above goods, and even if he received the payment from the injured party, he did not have the intention or ability to deliver the goods.

The defendant deceivings the victim as above and transferred KRW 100,00 to the Nong Bank account under the name of the defendant on the same day from the victim.

Summary of Evidence

"2017 Highest 4338"

1. Statement by the defendant in court;

1. A written statement prepared in BA;

1. A trading statement;

1. Previous convictions in judgment: A statement of inquiry, such as criminal history, investigation report (the confirmation of the suspect's repeated crime and the fact that the trial is pending at present), and one copy "2017 Highest 4514" of the personal confinement status;

1. The defendant's person;

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