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(영문) 의정부지방법원 2016.10.18 2016고단4059
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on March 31, 2016.

【Criminal Facts】

1. On May 31, 2016, the Defendant: (a) visited the Internet portal site’s “Jinna” camera; (b) posted an article to sell camping goods on the bulletin board; (c) reported the above article to the Defendant and sent money to U.S. who contacted the Defendant first, the Defendant sent camping goods to the Defendant.

However, the defendant did not have the intent or ability to deliver camping goods even though he did not receive money from the victim in the absence of the camping goods.

Nevertheless, the Defendant received 93,000 won from the victim’s new bank account on the same day.

2. On June 5, 2016, the Defendant: (a) visited the Internet portal site’s “Janae” camera; (b) posted an article to sell camping goods on the bulletin board; and (c) first remitted money to the victim V who reported the above article to the Defendant and contacted the Defendant, the Defendant said that he would send the camping goods on a selective basis.

However, the defendant did not have the intent or ability to deliver camping goods even though he did not receive money from the victim in the absence of the camping goods.

Nevertheless, the Defendant received 76,000 won from the victim’s new bank account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of V and U;

1. Notice of sale, details of transfer, details of text messages, details of transfer, and photographs of the sales notice;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of attachment of copies of written judgments against a suspect and date of withdrawal from the court), and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Criminal facts;

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