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(영문) 인천지방법원 2016.07.20 2016고단1933
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On October 2, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and two years of suspended execution, and the judgment becomes final and conclusive on the 11th of the same month, and is still in the grace period.

[2] On March 13, 2015, the Defendant, “2016 Highest 1933,” published a false statement on the victim’s cellphone user’s “Kakao Stockholm,” and made a false statement on the victim’s “to purchase and send the purchase price, etc. on behalf of the victim at a low price if the victim sent the purchase price, etc. for visibility.”

However, since the defendant was consumed by living expenses, etc. even if he received money from the injured party, the defendant did not have any intention or ability to purchase visibility from the injured party.

The Defendant, from March 13, 2015, was suffering from the damage, to the same year.

5. Until February 1, 200, a sum of 3,467,00 won was delivered over 18 times to a new bank account (number D) with the name of the defendant, such as the purchase price in sight, etc.

On December 6, 2015, the Defendant posted a false letter to the victim F who contacted with the Defendant, “assigning money, selling clothes, shoes, etc.” using a mobile phone at the Defendant’s home located in Nam-gu Incheon Metropolitan City, Incheon, by accessing the Internet-based and trading sites of high-tech goods, and by accessing the Internet, and selling clothes, shoes, etc.,” and reported it.

However, the defendant did not own any goods such as clothes at all and thought that he would use the money that he received from the injured party as the cost of living, and eventually there was no ability or intention to send the goods to the injured party as the promise.

Nevertheless, the defendant deceivings the victim as above and receives 3,790,000 won as the price for goods on the same day from the victim to the new bank account in the name of the defendant.

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