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(영문) 대구지방법원 2017.11.22 2017고단4559
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2017, the Defendant, “2017 Godan 4559, the Defendant,” selling so-called “S7 So-called S7 cell phone in gallon ju City,” at the mother telecom in which it is difficult to know the trade name in the Gu-U.S. Gosidong around April 20, 2017.

It is intended to publish a letter stating " and deliver a mobile phone to the victim C who reported and contacted it." If it is intended to deliver money to the victim C.

‘A false statement' was made.

However, in fact, the suspect did not have a mobile phone and was thought to use the money received from the victim as living expenses, etc., so even if he received the money from the victim, he did not have the intention or ability to deliver the above mobile phone to the victim.

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 270,00 from the victim to the account (D) in the name of the Defendant for the purchase price of mobile phone around April 20, 2017 from the victim, and received KRW 8,475,00 from the victim 31 times from August 7, 2017, from that time to August 7, 2017.

On August 16, 2017, the Defendant posted a letter stating that “I will sell S7 mobile phones when galloning gallon,” around 2017, the Defendant sent a false letter to “I will deliver a cell phone when I transfer money to the victim F who contacted with gallon.”

However, in fact, the Defendant did not have a mobile phone and thought to use the money received from the injured party as the Internet gambling fund, so even if he received the money from the injured party, he did not have any intention or ability to deliver the mobile phone to the injured party.

In addition, the defendant deceiving the victim as above and received 210,000 won from one bank account (G) in the name of the defendant on the same day from the victim, and the same year from that time.

8. up to 21. up to 21. the victim shall be from four victims, such as the list 2 attached hereto.

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