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(영문) 창원지방법원 2014.09.30 2013고단2061
사기
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

1. [Attachment 2013 Highest 2061] Notwithstanding the absence of an intention to sell a used mobile phone, the Defendant was willing to acquire the proceeds by pretending that he sells a used mobile phone.

Around February 9, 2013, the Defendant posted an article on the purport that he sells a mobile phone at the cross-scam room located in Kimhae-si, Kim Jong-si, in order to sell used goods transaction in the Internet, and received KRW 2.80,000 from the victim C who has contacted with it to the account of the Defendant’s community credit cooperatives (D). From around that time to February 18, 2013, the Defendant got 760,000 won from the victims in sum, as described in the list of crimes, by linking the Internet used goods transaction in the Internet at the above time from that time to February 18, 2013.

2. [Attachment 2014 Highest 151] The Defendant had the intention to sell a used mobile phone but had no intention to sell it, and had the intention to acquire the proceeds by pretending that he sells a used mobile phone.

On October 11, 2013, at around 13:48, the Defendant posted a letter to the effect that, using a computer, 102 dong 1005, 102, and 1005, the Defendant sold heavy and 432GB to the account of the Defendant’s community credit cooperatives (G) at around 11:14 of the same month from the victim F who contacted with it, sold 180,00 won to the Defendant’s community credit cooperative account (G) for goods.

3. [Attachment 2014 Highest 454] The Defendant had the intention to sell a used mobile phone but had no intention to sell the used mobile phone, and had the intention to acquire the proceeds by pretending to sell the used mobile phone.

On December 18, 2013, the Defendant puts a letter to the effect that, “The Defendant sells a high observer beauty 2 to a direct transaction of used goods on the Internet using a computer at a remote room located in Kimhae-si, Kim Jong-si on December 18, 2013,” and then, the Defendant’s new bank on January 3, 2014 from the victim H who contacted.

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