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(영문) 창원지방법원 통영지원 2018.08.30 2017고단1452
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2017, the Defendant up to 2017, up to 1452, posted a letter, “a mobile phone sales shall be made at gallon 5 mobile phones,” and “a mobile phone sales shall be made at fallon 5 mobile phones,” and “a mobile phone transfer shall be made at fallon fallon Do,” to the victim D who reported and contacted this.

However, the defendant did not have the sales mobile phone, and thought that he used the mobile phone price received from the injured person for entertainment expenses, so even if he received the mobile phone price from the injured person, he did not have the intention or ability to sell the mobile phone.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 130,000 won from the victim to the E bank account in the name of the Defendant on the same day from the victim; and (c) acquired it as a mobile phone price in the name of the Defendant; and (b) received the total sum of KRW 1,211,000 from the damage victim to August 20, 201 by the aforesaid method, as shown in the attached Table 1 second sentence; and (c) acquired it.

On July 27, 2017, the Defendant posted a letter to the effect that “I sell Aphone 6S Plus 128G” on the Internet website F, and told the victim G that “I will deliver the main cell phone of KRW 295,000 on a selective basis,” which reported it to the effect that “I will deliver the main cell phone of KRW 295,000.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to sell mobile phones.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 295,00 from the victim to the H bank account (Account Number: I) in the name of the Defendant, and received the remittance from the victim, and received KRW 1,180,000 on a total of four occasions from around that time to August 8, 2017, as shown in attached Table 2 of the List of Crimes.

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