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(영문) 인천지방법원 2015.12.10 2015고단5953
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

The defendant of "2015 Highest 5953" was sentenced to imprisonment with prison labor for one year and six months at the Incheon District Court on August 27, 2015 and the said judgment became final and conclusive on November 7, 2015.

On March 17, 2015, the Defendant called, “Around March 17, 2015, the Defendant sent a phone to the victim E from the DNA peripheral store for Defendant’s operation in Seo-gu Incheon Metropolitan City to deliver the price to the victim E with a hppter device and monitor by March 23, 2015. If the goods are not supplied, the Defendant would return the price.”

However, at the time of fact, the defendant has a debt worth approximately KRW 190 million to customers, and even if he receives money from the victim under the name of the money for the money for the money for the money for the money for the money for the press, he did not have the intention or ability to supply the money to the victim with the money for the money for the payment of the money for the money for the money for the press.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account of the National Bank of Korea on March 19, 2015, and acquired pecuniary benefits equivalent to the same amount.

Around March 17, 2015, the Defendant made a false statement that “Around March 17, 2015, the Defendant would send 100 LG monitors to the victim at the victim G office located in Yongsan-gu Seoul, Yongsan-gu, Seoul.”

However, the defendant thought that he will use it for other purposes, such as paying personal debts by receiving monitoring fees from the victim, and did not have the intention or ability to send monitors to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 15.5 million from the victim’s account in the name of the Defendant’s wife H to the Nonghyup Bank account (I) in the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2015 Highest 5953]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement and tax invoice for account transfer;

1. A previous conviction in judgment:

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