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(영문) 서울북부지방법원 2019.01.10 2018고단3033
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 29, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court. On November 29, 2016, the Defendant was sentenced to one year and six months of imprisonment for the same crime in the same court. On March 10, 2018, the Defendant completed the execution of the sentence in the Net Prison on March 10, 2018.

On April 12, 2018, the Defendant told the victim C to the effect that “The mobile phone will be sent if it is sent KRW 1.50,000 to the account.”

However, the defendant did not have a mobile phone that he sold to another person at the time, and even if he received money from the victim, he did not have any intention or ability to send it to the victim by raising a heavy and high cell phone.

Nevertheless, the Defendant, on the 13th day of the same month following the following day, received 120,000 won from the victim to the company bank account in the name of the Defendant, and from that time, received 6,10,000 won in total by deceiving the victims, such as the statement in the list of crimes in the attached Form, from June 5, 2018.

On June 1, 2018, the Defendant made a false statement to the effect that “The Defendant would sell heavy cell phoness to the victim D through Internet B Messengers,” which read, “on the face of sending KRW 70,000,00,000 to the middle gallon No. 5. 70,000.”

However, the defendant did not have a mobile phone that he sold to another person at the time, and there was no intention to send it to the victim by raising a heavy cell phone and raising a mobile phone.

Nevertheless, at around 11:42 of the same day, the Defendant received 70,000 won from the victim to the company bank account in the name of the Defendant for the purchase price of the mobile phone, from that time, from that time to October 24, 2018.

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