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(영문) 대구지방법원 안동지원 2016.10.21 2016고단273
사기
Text

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

Reasons

Punishment of the crime

around February 15, 2016, the Defendant posted a letter that “S6 mobile phones are sold at the gallon of gallon of S6” on the Internet bulletin board of the Defendant’s residence located in Ansan-dong-si, the Defendant would send a cell phone to the victim D who reported and contacted 300,000 won.

The Defendant made a false statement. However, the Defendant did not have S6 mobile phone in Samsung Galth City and did not have any intent or ability to provide said mobile phone even if he received money from the victim. The Defendant, by deceiving the victim, received 300,000 won from the victim to a new bank account (E) under the name of the Defendant, and acquired it by transfer, from around that time to March 26, 2016, a sum of KRW 1,715,000 in total over 13 times in the same manner as indicated in the separate crime list 1, as shown in the separate crime list 1, from that time, from that time to March 26, 2016. “The Defendant” around March 28, 2016, at the Defendant’s residence located in Ansan-dong, the Defendant sought to purchase a mobile phone (g3,000 won) that was connected to the Internet NAV or car page and posted by the victim F.

“The victim made a false statement to the effect that “I wish to give the above cell phone on the face of KRW 150,000” by phoneing the victim.

However, even if the defendant received money from the victim, he did not have the intention or ability to provide the above mobile phone.

As such, the Defendant, by deceiving the victim, received 150,000 won from the victim to the new bank account (G) in the name of the Defendant, and acquired 2,29,300 won in total over 18 times from that time to April 30, 2016, as described in the attached Table 2 of Crimes List 2.

Around March 29, 2016, the Defendant 201, up to March 29, 2016, posted a notice stating that “The victim H is inserted with a short quality supplementary substance” by using a computer in the Defendant’s residence located in Ansan-si C, Andong-si.

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