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(영문) 인천지방법원 2018.05.10 2017고단8368
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[2017 Highest 8368] On August 27, 2017, the Defendant posted a notice to sell “gallon 4 smartphones” on the Internet’s middle- and high-speed car page, and made a false notice to the victim C who reported and contacted this article, stating that “on the first deposit of the price of the goods, delivery of the goods will be made.”

However, there was no intention or ability to send smartphones even if the Defendant received money from the damaged party, because the Defendant did not leave smartphones to the pawn, and there was thought that the Defendant obtained money from the damaged party to use the money for living expenses.

As above, the Defendant deceivings the victim and received KRW 90,00 from the victim to the Nong Bank account under the name of the Defendant, and acquired KRW 916,00 from August 27, 2017 to September 11, 2017, the Defendant acquired KRW 916,00 from the victims on eight occasions, such as the list of crimes in the attached crime list.

[2018 High Order 1837] On August 17, 2017, the Defendant posted a letter that “Sales of Samsung Mobile phone (J5)” on the Internet Nurier’s C and 201 Dong 201 on the bulletin board of the country of the Republic of Korea, and made a false statement to the victim E who reported and contacted this article, stating that “on deposit of money, sending the money directly to the Defendant’s home.”

However, even if the defendant received money, he did not have the intention or ability to sell mobile phones.

The Defendant, as such, by deceiving the victim, received 80,000 won from the victim’s account (F) in the name of the Defendant.

[2018 Highest 2341] On February 5, 2018, the Defendant posted a false statement to the effect that “The Defendant sells Samsung Cf390 27 custodys,” which is an Internet used goods transaction site, on the Internet, and reported the above notice to the victim G who contacted with the Defendant “on the transfer of KRW 150,000 won, he/she will send the said computer monitor to door-to-door.”

However, the Defendant from the beginning.

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