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(영문) 의정부지방법원 고양지원 2016.07.22 2016고단1113
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall pay 231,600 won to the applicant for compensation.

Reasons

Punishment of the crime

[criminal records] The Defendant was released on March 30, 2015 when he/she was sentenced to one year and six months of imprisonment for fraud, etc. at the Jung-gu District Court Goyang branch on December 19, 2013, and was released on March 30, 2015 during the execution of the sentence, and the parole period expired on April 25, 2015. On April 7, 2016, the Defendant was sentenced to one year and six months of imprisonment for fraud at the same court on April 7, 2016, and that judgment became final and conclusive on April 15, 2016.

[Criminal facts] 【2016 High Order 1113】

1. On February 3, 2016, the Defendant access NAV “E”, an Internet site, at the public notice source located in Ilyang-gu, Mangsan-si D 1001, Goyang-si, Mangsan-si, and purchased NAV 5s 32gb, posted by the victim C.

The phrase “to sell 5ss. 32 of Aphones to 2.30,00 won or 2.30,000 won,” with the victim’s contact, and the phrase “to send goods upon deposit.”

However, in fact, the Defendant did not possess a 5S mobile phone and was in short of living expenses, so even if he received money from the injured party as the price for the goods, he did not have the intent or ability to send the 5S mobile phone to the injured party.

The defendant deceivings the victim as above and acquired 2,10,000 won with the corporate bank account (F) in the name of the defendant as the price for the goods on the same day from the victim, and 2,30,000 won with the same account around February 6, 2016.

【2016 order 1367】

2. On November 20, 2015, the Defendant sold New Zealand’s plaques on the bulletin board of the Internet site, at a non-permanent place on November 20, 2015.

After posting the letter "," the victim G who reported and contacted the above letter was made a false statement to the effect that "I would first deposit the goods on the face of the deposit."

However, since the Defendant did not have a plaque, the Defendant would receive money from the injured party as a price for goods.

The victims did not have the intention or ability to send the new draft to the victims.

The defendant deceivings the victim and is under his control.

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