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(영문) 인천지방법원 2015.09.23 2015고단4812
사기
Text

A defendant shall be punished by imprisonment for one year.

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 December 19, 2014, the Defendant posted a false statement stating that “I will deliver goods upon deposit of money to E” by accessing the mobile phone from Jung-gu Incheon, Jung-gu, Incheon, to a mobile phone and selling “I will sell a mobile phone.”

However, the defendant did not have any intention or ability to deliver goods to the victim even if he receives money from the victim as a price for goods.

The Defendant, as such, by deceiving the victim E, received 250,000 won from the victim E to the new bank account under the name of the Defendant.

In addition, the Defendant, from December 19, 2014 to July 19, 2015, acquired a total of KRW 2,257,000 from the victims by the aforementioned methods over 25 times, such as the list of crimes in attached Table, from around December 19, 2014.

Around June 23, 2015, the Defendant posted a false statement to the victim H who had contacted galthot2 by connecting galthot2 to a smart phone from GPC bank located in Jung-gu Incheon Metropolitan City to a mobile phone, and selling galthot2.

However, even if the defendant did not have gallonians2 and received money from the victim as a price for goods, he did not have an intention or ability to send gallonians2 to the victim.

On June 24, 2015, the Defendant, by deceiving the victim as above, obtained from the victim the pin number of KRW 70,000 won, at the face value, from the mobile phone of the Defendant, and acquired it by fraud.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Each police statement made to I and J;

1. "Woo, L, M, N,O, C, P, Q, R, T, V, X, X,Y, Z, AAB, AC, AE, AE, AF, and E's written statements;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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