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(영문) 대구지방법원 2019.03.14 2018고단4911
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant, with the money obtained by deception, 300,000 won, shall each be applied to B, C, and D.

Reasons

Punishment of the crime

On April 11, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the above punishment on August 24, 2018.

1. On August 31, 2018, the Defendant made a false statement that “The gallon jutho S8 mobile phones are sold” by using smartphone at an insular place, and that the Defendant would send the cell phone to G with the payment of money to the victim G who reported and contacted.

However, the defendant did not have a mobile phone sales, so even if the victim deposits money, he did not have the intention or ability to send the mobile phone to the victim.

The Defendant received 300,000,000 won from the corporate bank account (Account Number: H) in the name of the Defendant on the same day from the victim, and received 3,213,000 won in total from the victims through the same method through the same method from October 8, 2018, as shown in attached Table 1, from the time to October 8, 2018.

2. On October 8, 2018, the Defendant posted a letter stating that “The Internet Kaf F” means “the sale of the three gallon lusium S8 mobile phone” at an unclaimed place, and the Defendant made a false statement to the victim I who visited the Internet Dogal lusium, stating that “The cell phone will be sent if the Defendant sent the first money.”

However, the defendant did not have any intention or ability to send a cell phone even if he received money from the victim because he did not have a cell phone at the time.

As above, the Defendant, by deceiving the victim, received KRW 1,00,000 from the victim’s bank account (Account Number:J) in the name of the Defendant from the victim, on October 8, 2018, and received KRW 1,000,000 from the victims on a total of four occasions from that time to October 20 of the same month, as shown in attached Table 2 of Crimes List 2.

3. Highest 42

A. On October 13, 2018, the criminal defendant against the victim K is guilty at a place not exceeding Seoul, around 12:00 on October 13, 2018.

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