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(영문) 수원지방법원 2015.06.25 2015고단1283
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 18, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended sentence for the purpose of fraud in Gyeyang Branch of the Jung-gu District Court. On the 26th of the same month, the judgment became final and conclusive, but the suspended sentence was revoked, and the execution of the sentence was terminated on October 2, 2012 at the Suwon Detention House.

In addition, on February 12, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon District Court, and the judgment became final and conclusive on April 18, 2015.

The exact details of confirmation are as follows:

The above judgment became final and conclusive on February 20, 2014 because an appeal has not been filed within the time limit for filing an appeal, but later, the judgment dismissing an appeal was rendered on April 18, 2015 after the Defendant’s inheritance right has been recovered and the appeal was subsequently filed.

[2015 Highest 1283]

1. On February 17, 2013, the Defendant, along with C, posted a notice to the effect that “DSLR SDR SIER NEX-3 will sell the Internet NEX-3” on the bulletin board by accessing the Internet NNA website at Yeonsu-gu Incheon Yeonsu-gu, Incheon, and false statement to the victim D who contacted with C, stating that “on deposit of money, will send it to the home page.”

However, the defendant did not have a Kamera, so there was no thought that he will send it to the victim on his own.

The defendant received 400,000 won from the victim to a deposit account in the name of a new bank in the name of C.

Accordingly, the defendant conspireds with C to deceiving the victim, thereby deceiving 40,000 won.

2. On February 18, 2013, the Defendant, along with C, posted a notice to the effect that “I will sell the Internet NEX-3” on the bulletin board by accessing the Internet NAV website at Yeonsu-gu, Yeonsu-gu, Incheon, Incheon, by using a computer, and false statement to the victim E who contacted with C, stating that “I will send the money to their home page upon deposit.”

However, the defendant does not have a camera and send it to the victim's home.

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