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(영문) 대구지방법원 서부지원 2015.08.07 2015고단126
사기
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

The defendant is entitled to pay 320,000 won to an applicant for compensation.

Reasons

Punishment of the crime

On October 20, 2014, the Defendant made a false statement to the effect that “A victim E wishes to purchase crowdfunding using smartphones,” and “I will deliver crowdfundings upon deposit of the crowdfunding money.”

However, in fact, the Defendant did not have the aforementioned crowdfunding and thought to use it for living expenses and entertainment expenses with money, so even if he receives the money from the victim, he did not have the intention or ability to send the crowdfunding even if he/she receives the money.

The defendant received 300,000 won from the victim's bank passbook (Account Number:F) in the name of the defendant.

From around that time to December 15, 2014, the Defendant received a total of KRW 10,980,000 in total from 35 times as shown in the annexed crime list.

Accordingly, the defendant was informed of the victims and received property.

around 10:30 on October 2, 2014, the Defendant: (a) did not have a gallonian 3 mobile phone; (b) did not have an intention or ability to sell it; and (c) did not have an intention or ability to sell it; (d) the Defendant would purchase a gallon ju-3 Handphone Handphone that was connected to and posted by the victim C in order to punish living expenses, such as the gallon monthly rent, which is a trading site of used goods.

Accordingly, when the Defendant deposits 320,000,000 won via Handphone letters to the victim in the pro-gu room located in Busan City on October 2, 2014 at around 11:00, the Defendant sent the gallon 3 mobile phones to gallonian-based mobile phones.

‘Falsely speaking, 320,000 won was remitted from the victim to the new bank account in the name of the defendant at around 11:28 on the same day.

In addition, the defendant from that time to January 24, 2015, 14 persons in total, as shown in the list of crimes in attached Form 14.

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