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(영문) 서울동부지방법원 2018.06.21 2018고단1370
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

"The defendant of 2018 Godan 1370" connects NAV using a mobile phone at around September 11, 2017 at Seoul Songpa-gu C and 105 dwellings of Songpa-gu Seoul and 105 and sells NAphone 5.

After publishing an advertisement, “The 50,000 won is remitted to the victim E who reported the advertisement,” the phrase “the 50,000 won is sent to the victim E.

However, even if the defendant receives the payment from the injured party, he did not have the intention or ability to sell the goods.

The Defendant received 50,000 won from the damaged party to the bank account (F) in the name of the Defendant.

In addition, the Defendant received a total of KRW 1,850,00 from 23 victims by the same method as indicated in the list of crimes in the attached Table from around the above day to April 9, 2018.

Accordingly, the defendant was informed of the victims to receive property.

The Defendant, around April 15, 2018, posted a letter on the Defendant’s home located in Songpa-gu Seoul Metropolitan Government, posted on the Internet NAVV and on the bulletin board of the country’s website, and then sent it to the Victim H who reported and contacted “70,000 won if it is remitted.”

“A false representation was made.”

However, there was no intention or ability to send mobile phone terminals to door-to-door, even if they receive the purchase price from the injured party.

The Defendant received 70,000 won from the injured party under the name of the purchase price of mobile phones on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

"2018 Highest 1370"

1. Statement by the defendant in court;

1. The respective statements of E, I, J, K, L, M, N, P, Q, Q, R, M, U, V,W, X,Y, Z, AB, AC, and AD "2018 Highest 157";

1. Statement by the defendant in court;

1. A H statement;

1. Details of financial transactions, the closure of a letter on the screen and the application of the statutes governing text messages;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (the choice of imprisonment).

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