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(영문) 서울북부지방법원 2019.05.30 2018고단4349
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On October 19, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for fraud and was sentenced to a two-year suspended sentence on October 27, 2018.

[2018 Highest 4349] On May 10, 2018, the Defendant posted a letter stating that “Aphone6s are sold to KRW 150,000” on the bulletin board of “B”, an Internet site, “B,” and reported and contacted the above letter to the victim C, “I will send a smartphone on a door-to-door basis upon deposit of money.”

However, there was no intention or ability to send the agreed smartphone even if the defendant is paid the price by the victim because of the lack of smartphone.

As above, the Defendant, by deceiving the victim and forcing the victim to transfer KRW 150,60 to a bank account (E) in the name of the Defendant on the same day, and acquired total of KRW 2,402,100 through 12 times in total from May 10, 2018 to August 23, 2018, such as the list of crimes in the attached Table.

[2018 Highest 4686] Around 02:00 on August 22, 2018, the Defendant: (a) boarded the J-si operated by the victim I while working with G and H as if he did not have the intent or ability to pay the taxi fee; (b) arrived in front of the basin 338, which is located in the Dobong-gu, Seoul Northern-gu, Seoul; (c) around 02:30 on the same day, the Defendant escaped with the said H, “I will have the taxi fee.”

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 27,600 won of taxi fares.

[2018 Highest 5391] The Defendant recruited a seller who enters a mobile phone sales text into G and the Internet website “B” to obtain the mobile phone from the seller in the way that the seller receives the mobile phone first and does not pay the price.

On May 27, 2018, the Defendant is Seoul Special Metropolitan City, Nowon-gu.

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