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(영문) 광주지방법원 순천지원 2017.08.25 2016고단2741
사기등
Text

A defendant shall be punished by imprisonment for one year.

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 March 31, 2016, the Defendant posted a notice on the “S4 when gallon ju” on the Internet portal site in the middle and high-tech bulletin board of the Internet portal site, and reported and contacted the above writing to C, the victim C, who reported and contacted, “I will sell the above mobile phone on 100,000 won.”

However, the defendant did not have the above mobile phone so that he did not have the intention or ability to sell it to the victim.

The defendant deceivings the victim as above and receives 100,000 won in cash in the name of sales proceeds of mobile phones from the victim A's new account (D) in the name of the victim, etc. from that year.

4. 6. By the same method, a total of 400,000 won was remitted as the sales proceeds of mobile phones over four times, such as the one copy of the annexed crime list 1.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

"2017 Highest 894"

1. On February 2, 2017, the fraud Defendant sold “SSPPS PS” in the Gu of Ansan-si, a member of the company dormitory, to a foreign country’s “kallon 4 Handphones” in the gallon juthy of “the Internet portal site,” and “the victim E who reported and contacted this, posted an writing, and reported it, sold the above 176,00 won Handphones.”

However, in fact, the Defendant did not have the above Handphones, and rather received money from the injured party as the sales proceeds of the Handphones and thought to use it as living expenses, etc., so even if receiving money from the injured party as the price for the goods, there was no intention or ability to sell the Handphone.

Nevertheless, the Defendant, as above, received KRW 176,00 from the credit cooperative account (Account Number: D) in the name of the Defendant on February 8, 2017 from the victim, by deceiving the victim and deceiving him/her, as well as transferred KRW 176,00 from the credit cooperative account under the name of the Defendant, as the sales proceeds of handphones, and as shown in attached Table 2, the Defendant was from around that time to May 6, 2017.

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