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(영문) 대구지방법원 2018.07.26 2018고단1516
사기
Text

Defendants 2018, 1516, 2018, 2018, 1826, 2453, 2630, 2630.

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Daegu District Court (Seoul District Court) on October 15, 2016, and the said judgment became final and conclusive on December 23, 2016.

[Criminal facts]

1. On January 12, 2018, the Defendant sent a message stating that “I will send a cell phone on the face of 170,000 won” to the victim C who contacted the Defendant, by accessing the Internet B website, and by posting a message stating that “I will send a cell phone on the face of 170,000 won.”

However, the defendant did not have a 7 lephone mobile phone, so even if he received the payment from the injured party, he did not have the intention or ability to send it.

The defendant deceivings the victim as above, and was deposited KRW 170,000 in the E bank account under the name of D in the name of the victim for the trading price of mobile phones on the same day.

The Defendant received, by the foregoing method, the property equivalent to KRW 1,450,000 in total five times as shown in the annexed Table 1) from that to February 5, 2018, as shown in the previous sheet of crimes.

2. On June 10, 2015, the Defendant is expected to pay the borrowed money within one week from the lending of money by phone call from the Infant Care Center to the victim-and-child G.

“A false statement” was made.

However, the defendant had no particular property and income at the time and had no intention or ability to pay to the victim for the cost of living even if he borrowed money from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as such; and (b) transferred KRW 10,411,000 to 43 times, as shown in [Attachment Table 2] as between June 18, 2016, from the date of such deceiving the victim to June 18, 2016.

3. On May 4, 2016, the Defendant: (a) calls from the victim G on May 2, 2016; and (b) calls from the victim G on May 2, 2016; and (c) takes the name of the household after opening the cell phone in the name of the driver.

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