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(영문) 전주지방법원군산지원 2020.10.21 2020고단894
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2019, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at the Jeonju District Court, and the judgment became final and conclusive on October 11, 2019.

1. Fraud against the victim B;

A. On August 3, 2018, around 14:00 on August 3, 2018, the Defendant made a false statement to the victim B, stating, “D” in the following cities: “Around 14:00, the Defendant would pay the mobile phone price and charges to the mobile phone in the name of the victim B so that the damage would not occur by opening the mobile phone.”

However, in fact, the Defendant did not have the intent or ability to pay the mobile phone price in lieu of the mobile phone price and the fare even if the victim opened the mobile phone in his/her own name and delivered it to the purchaser of the mobile phone and planned to use it for his/her personal purpose.

After having the victim open the opphone X 2 mobile phone in the above agency, the defendant had the victim sell more than 1.120,000 won to E, which is a trading business entity of the heavy mobile phone, and received the price from the victim to the Nong Bank account in the name of the defendant.

B. On August 4, 2018, around 11:00 on August 4, 2018, the Defendant: (a) by deceiving the victim in the same manner as described in paragraph (a) at the 2nd G mobile phone store in Dolsan-si F2 G mobile phone; (b) let the victim open one unit of the opphone X mobile phone; (c) sold KRW 900,000 to H, a mid-to long-term mobile phone dealer; and (d) acquired KRW 870,00 from the victim to the account in the name of the Defendant on August 5, 2018.

C. On August 27, 2018, the Defendant, around 13:00 on August 27, 2018, deceiving the victim in the same manner as the statement in paragraph (a) at the J-onphone store located in Dolsan-si I, thereby inducing the victim to open one cell phone of gallonno 9 mobile phones, and then inducing the victim to open one cell phone of gallonno 9 mobile phones.

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