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(영문) 대구지방법원 2018.05.10 2018고단503
사기
Text

Imprisonment with prison labor for 2 months and 6 months for the remaining crimes against each of the crimes listed in the judgment of the court.

Reasons

Criminal facts

[criminal records] On November 22, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Daegu District Court, which became final and conclusive on November 30, 2017, and is currently under suspended sentence.

[2018 Highest 503] On November 12, 2017, the Defendant posted a letter stating that he/she would sell a mobile phone at the mutual infics room located in Pyeongtaek-si-dong, and reported it to C, which is a major trading site, and sent money to C. “I will send 6S if you transfer money.”

“.......”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to send a personal phone to the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) received 250,000 won from the victim’s account in the name of the Defendant on the same day from the victim; and (c) received the total amount of KRW 3,51,000 from that time to December 26, 2017 by the same eight times in the same manner as in attached Table 1 re-a list of crimes.

[2018 Highest 1158] On December 17, 2017, the Defendant sold a 7-phone mobile phone on the bulletin board of “Ahro Market”, which is a medium PC store in Pyeongtaek-si-dong.

After posting “after posting,” it is intended to deliver a mobile phone to the victim D who reported it.

“.......”

However, the Defendant did not have any intention or ability to send the said mobile phone even if he received money from the injured party because he did not have a 7 flus mobile phone.

As such, the Defendant, by deceiving the victim, received 440,000 won from one bank account (Account Number: E) in the name of the Defendant on the same day from the victim, in the name of the victim for the 7 flus mobile phone price, from the victim, from that time to December 21 of the same month, by deceiving the victim four times, such as the attached Table 2 of the List of Crimes, and was remitted to that sum of 2,420,000 won.

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