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(영문) 대구지방법원 2017.03.31 2017고단126
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2017 Highest 126] On August 20, 2016, the Defendant, at his own house located in Daegu Seo-gu, Daegu-gu, by means of a mobile phone, connected to a mid-to-low transaction app, and then purchased Schlage 1533colo 1.40,000 won,” the Defendant posted a notice to the victim D, and the Defendant said that the Defendant would deliver the said goods if he remitted the payment to the victim D.

However, in fact, the defendant did not possess the above goods and did not think that they will acquire them, but only he thought that the price of the goods has been possessed, so even if he was paid the price of the goods from the victim D, he did not have the intention or ability to deliver the goods.

Accordingly, the Defendant deceivingd the victim D and transferred 400,000 won to the victim D as the price for the above goods on the same day.

In addition, from that time until December 24, 2016, the Defendant received total of KRW 10,230,500 from 39 victims, such as the previous list of crimes (1) in attached Form 39.

[2017 Highest 316] On November 25, 2016, the Defendant, at the Defendant’s residence located in Seo-gu, Daegu-gu, sent false words to the victim E, stating that “on the transfer of money to the victim, he/she would immediately deliver the right to the Ski ground sp spis.”

However, in fact, the defendant did not have an access to the skiing and did not have an intention or ability to deliver it.

As such, the Defendant, by deceiving the victim, was transferred KRW 330,00 to a new bank account (G) with the name of F on November 26, 2016 from the damaged party, under the name of the sales proceeds of the skip market.

In addition, the Defendant received KRW 3,230,00 from the victim 9 up to December 13, 2016, a total of KRW 3,230,00 from the victim 9 to the sale proceeds of goods, etc. from that time as shown in the attached list of crimes (2).

Summary of Evidence

[2017 Highest 126]

1. Statement by the defendant in court;

1. Each of the defendants;

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