(영문) 인천지방법원 2016.12.08 2016고단6099

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(영문) 인천지방법원 2016.12.08 2016고단6099

사기

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around May 9, 2016, the Defendant posted a false statement stating that “The Defendant will send the main body and monitors to the victim F who reported and contacted the above posting to the victim F, who sent a false statement that “on deposit of KRW 700,000,000,000,000 to the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu E building 1308, to sell the main body and monitors of the computer.”

However, in fact, the defendant thought that he will use the money received from the victim as the cost of living and did not have the main body of the sold computer, so even if he receives the money, he did not have the intent or ability to send it.

As such, the Defendant, by deceiving the victim, received KRW 700,00 from the victim to the national bank account (G) in the name of the Defendant on the same day, and received a total of KRW 6,155,000 from the victims through the same method over 12 times, such as the statement in the attached list of crimes.

"2016 Highest 6636"

1. Around 10:00 on September 24, 2016, the Defendant sent a false statement to the victim H, who had access from the “J” page of Bupyeong-gu Incheon, Bupyeong-gu, “J” to “Adid” K in the Internet Neneburian Republic of Korea, and posted a notice on the bulletin board “5 sale of galthothal galthot” on the bulletin board, and who had contacted the victim H, who sent a false statement to “to deliver the goods upon deposit of the price.”

However, since the defendant did not have five mobile phones from the beginning, even if he received the payment of the above goods from the victim, he did not have the intention or ability to send the above goods to the victim.

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 200,000 to the new bank account (L) in the name of the Defendant around 10:08 on the same day from the victim.

2. The Defendant against the victim M is the victim at the place specified in paragraph (1) around 11:00 on the same day.

유사 판례

-인천지방법원 부천지원 2015.04.03 2015고단438

-서울남부지방법원 2017.09.22 2016고단2661

-창원지방법원 거창지원 2019.09.11 2019고단168

-서울동부지방법원 2014.07.25 2014고정894

-수원지방법원 2016.09.01 2016고정1967