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(영문) 서울서부지방법원 2016.08.26 2016고단932
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall obtain money from the applicant C to KRW 750,00 and KRW 7,90,00.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on April 10, 2014, and completed the execution of the above punishment on November 15, 2015.

On January 19, 2016, Defendant 2016, at the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Defendant 1 sent a false statement to the effect that, by accessing the Defendant’s smartphone to the Defendant’s website, Defendant 1 would sell the phone 6S posted by the Victim G, Defendant 1 sent a false statement to the effect that, “I would purchase the phone 6S by you want to sell the phone. I would deliver the phone 6S through Kwikset’s news. If I would deliver the phone 6S, I would pay the price to the Party’s account.”

However, the defendant did not have the intention or ability to pay the price even if he receives 6S from the damaged person.

The Defendant, as such, by deceiving the victim, received 6S 1 from the victim of the same day the amount of KRW 940,00 from the victim, which is equivalent to the market price of KRW 940,00 on the same day. From around that time to March 21, 2016, the Defendant acquired 6S 6 from the victims of the total sum of KRW 5,090,000, as shown in the list of crimes 1.

around January 8, 2016, Defendant 1058 said that, by accessing the Defendant’s smartphone in the vicinity of Bupyeong-gu Incheon Metropolitan City, Defendant’s smartphone, Defendant 1 sent a false statement to the effect that, by accessing the Defendant’s smartphone, Defendant 1 sold the phone 6S to the Defendant, Defendant 2 sold the phone 6S posted by the victim H., and Defendant 2 called “I would purchase the phone 6S from the Defendant. I would deliver the phone 6S via Kwikset service articles, and you would transfer the price to the Party’s account if I would deliver the phone 6S.

However, the defendant did not have the intention or ability to pay the price even if he receives 6S from the damaged person.

The Defendant, as such, by deceiving the victim, received from the injured party the delivery of 6S 1 mobile phone at the market price of 890,000 on the same day.

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