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(영문) 전주지방법원 2020.05.20 2019고단1546
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On April 19, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and nine months in Ansan District Court for fraud, and completed the execution of the sentence on September 2, 2018.

[2019 Highest 1546] On November 23, 2018, the Defendant sent 12-13 home appliances photographs to the victim B from the second park near the second park located in the Seocheon-si, Seocheon-si, Seocheon-si, to text messages, and sent a phone call, and “I purchase electronic equipment at a container in order to arrange electronic equipment prepared by the family-friendly marriage with a new divorce.”

However, the defendant did not have electronic equipment so that he did not have the intent or ability to sell it to the victim even if he received money from the victim.

The Defendant, by deceiving the victim as above, received KRW 60,00 on November 23, 2018 from the victim to the D Association account (E) account in the name of C, and received KRW 1,250,000 on November 24, 2018, respectively, and acquired KRW 500,000 on November 25, 2018 from the Defendant’s D Association account (F) account in the name of the Defendant and acquired KRW 2,350,000 in total.

[2019 Highest 2117]

1. On June 4, 2019, the defrauded: (a) the Defendant posted a phone call to the victim G at an unsound place and made a false statement to the effect that “to have the victim G be employed. In order to find employment, the cell phone needs to be opened and changed.” However, the Defendant did not have any intent or ability to have the victim find employment.

On June 5, 2019, the Defendant, by deceiving the victim as above, obtained the victim from the victim one cellphone in the vicinity of the Han River Station located in Ansan-si, Ansan-si, the amount of KRW 1,705,000 at the market price and acquired it by deceiving him.

2. On June 14, 2019, around 08:30 on June 14, 2019, the Defendant taken up two gold-halfs of the total market price owned by the victim, which is equivalent to KRW 5,700,000, in the aggregate of the market price owned by the victim, and KRW 5,700,000, in the house of the victim G where the victim was released on bail by making use of the cresh in the victim’s cresh, one gold-free, one gold-free, one gold-free, and one gold-free, respectively.

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