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(영문) 대구지방법원 포항지원 2018.10.04 2018고단573
사기
Text

A defendant shall be punished by imprisonment for 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

On March 10, 2018, the Defendant: (a) accessed from the mutual influence in the south-gu Mapo-dong, Nam-gu to the “D” clinic; and (b) sold Aphone 8 mobile phones.

The phrase “” posts the contents of the cell phone and delivers the cell phone to the victim E who reported and contacted this, if the victim E deposits KRW 563,00,000, including the cost of 3,000 won.

The phrase “ makes a false statement.”

However, since the Defendant did not sell a mobile phone, even if he received money from the beginning, the Defendant did not have any intention or ability to sell the said mobile phone.

Nevertheless, the Defendant received 563,000 won from the injured party to the Agricultural Cooperative Account under the name of the Defendant at around 22:14 on the same day.

The Defendant, including that, from that time until May 9, 2018, received total of 4,008,000 won from 10 members of the victim in the same manner as in the list of crimes in attached Form (1).

Accordingly, the defendant was informed of the victims to receive property.

The Defendant, on March 30, 2018, sold Aphone 7 flus mobile phones to “Aphone 7 flus mobile phones” at around 2018.

“If a notice is posted to the effect that “” and such notice is made to the victim F who reported it, then the aforementioned mobile phone is sent to the victim F.

As such, false statements were made.

However, even if the defendant receives the above money, he did not have the intention or ability to sell the mobile phone.

The defendant was employed by the defendant on the same day from the damaged person.

In addition to the remittance of KRW 360,000 as the purchase price to the agricultural bank account in Q Q’s name from that time to May 7, 2018, the total amount of KRW 4,520,000 from the victims was transferred to 11 times in total, such as the previous list of crimes (2) in the same manner.

Accordingly, the defendant was informed of the victims to receive each property.

Summary of Evidence

[2018 order 573] 1.

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