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(영문) 부산지방법원 2018.12.19 2018고단3748
사기
Text

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

The defendant shall be liable to the applicant B for the damage KRW 180,000,000.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud in the early branch of the Chuncheon District Court on June 17, 2015, and the judgment became final and conclusive on January 15, 2016. On June 1, 2016, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment for fraud, etc. on June 9, 2016, and the judgment became final and conclusive on June 2, 2016. However, on November 2, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. from the same assistance, etc., and on February 10, 2017, the judgment became final and conclusive and conclusive on January 30, 2018 during the execution of each of the above sentence, and the parole period expired on March 25, 2018.

[2018 Highest 3748] The Defendant is engaged in pop-up in “D website” around April 2018.

The phrase "" was posted, and the victim E who reported and contacted the above bulletin around April 17, 2018, will deliver money to the victim E by means of text message in advance.

“Falsely speaking to the effect that it is “......”

However, there was no intention or ability to send the above bicycle product even if the defendant did not possess the above bicycle product and received the payment from the injured person.

Ultimately, around April 18, 2018, the Defendant received 240,000 won from the injured party through the F account in the name of the Defendant (number: G) in the name of the Defendant.

In addition, from that time until July 29, 2018, the Defendant deceivings victims as if they were to sell the above goods on 90 occasions, such as the first half of the annexed crime list 1, and acquired them by remittance from victims totaling KRW 14,007,00 as the price for the goods.

[2018 Highest 4292] The Defendant: (a) around April 19, 2018, around Busan, the Defendant thought from the beginning that the goods were sold to others through the Internet and transactions, and (b) did not have the intention or ability to sell the goods; (c) on the Internet bulletin board, the Defendant “agricultural machinery.”

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