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(영문) 대구지방법원 포항지원 2019.01.24 2017고단1540
사기
Text

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

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 October 11, 2017, the Defendant posted a false statement to the Nam-gu E building F, and to the Internet G site that “galgly lusium S8 mobile phones are sold.” On October 11, 2017, the Defendant sent a cell phone to the victim C, who reported and contacted the statement that he/she would send 420,000 won in cash to the victim C.

However, the defendant did not have a mobile phone, and even if he received the price of goods from the victim, he did not have the intention or ability to send the mobile phone.

Ultimately, the Defendant received KRW 420,000 from the victim to the H bank account in the name of A, and from that time, received KRW 3,000,500 from the nine victims total nine times as shown in the annexed Crime List (1) by November 9, 2017.

Around December 28, 2017, the Defendant, “2018 Go-Ma317,” posted a false statement on the Defendant’s house located in the north-gu I building J of Mapo-Gu, and on the Internet KKaf G bulletin board of the Internet KKaf G, “The sales of gallonno-5” on a false statement on the part of the victim who contacted the victim, stating that “The gallonno-5 mobile phone will be sent on the face of remittance of KRW 115,000.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above mobile phone.

The Defendant received KRW 115,00 from the victim’s M account in the name of the Defendant on the same day as the purchase price, and received the total sum of KRW 1,315,00 from the victims three times in the same manner as indicated in the attached Table of Crimes (2) from January 5, 2018.

Around March 7, 2018, the Defendant posted a letter that “gallon S8 mobile phones are sold” on the Internet bulletin board of “O” at the place of residence of the Defendant located in the north-gu N in the port of Port on March 7, 2018, and then reported and contacted the victim P with “210,000 won remittance of KRW 2,00,000.”

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