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(영문) 울산지방법원 2019.03.14 2018고단3852
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall receive 220,000 won from B who is an applicant for compensation, and the applicant for compensation shall be C.

Reasons

Punishment of the crime

On October 12, 2017, the Defendant was sentenced to two years of suspension of the execution on August 20, 2017 at the Ulsan District Court, which was sentenced to two years of imprisonment for fraud, and the judgment became final and conclusive on October 20, 2017, is currently under suspension of execution

Around September 24, 2018, the Defendant posted a false statement stating that “I will sell smartphones” on the sales bulletin board to the victim E who reported and contacted the above writing “I will send money to the F account if I will send money to the F account.”

However, the defendant did not have smartphones at the time and did not have any intention or ability to send such smartphones even if he received money from the victim.

Around September 24, 2018, the Defendant, by deceiving the victim as such, received KRW 223,00 from the victim a total of KRW 5,204,00 from the victims, including the transfer of KRW 223,00 as the price for goods, to the F Bank account (G) in the name of the Defendant, from that time until December 3, 2018, as shown in the separate crime list, from that time to December 3, 2018.

Accordingly, the defendant was provided property by deceiving victims.

Around December 13, 2018, the Defendant, “2019 Highest 174,” posted a false statement on the sales bulletin board, stating that “I will send money to F account if I send money to F Account, I will send S8 P8 Plus Smartphone.”

However, the defendant did not have smartphones at the time and did not have any intention or ability to send such smartphones even if he received money from the victim.

The Defendant, by deceiving the victim as above, received 200,000 won from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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