(영문) 울산지방법원 2019.10.25 2019고단1346

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(영문) 울산지방법원 2019.10.25 2019고단1346

사기등

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A defendant shall be punished by imprisonment for six 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

"2019 Highest 1346"

1. A theft Defendant: (a) around 21:00 on January 23, 2019, only intended to purchase a victim D and Aphone 8 mobile phone on the front side of Busan Seo-gu, Busan, but was unable to prepare money; (b) even though the victim explicitly withdrawn his/her intent to sell, the Defendant stolen 81 mobilephones worth KRW 500,00,000, the market price of which is the victim’s ownership.

2. On February 9, 2019, the Defendant: (a) connected the Internet E Caf F at an address address address address address; (b) posted a letter on the Aphone X sales; (c) reported and contacted the victim B with the victim B, “I would sell Aphone X on deposit account of KRW 250,000.”

However, even if the defendant receives the payment from the victim, he did not have the intention or ability to send the goods to the victim.

As above, the Defendant, by deceiving the victim, received 250,000 won from the victim to the G account (H) in the name of the Defendant on the same day, and received from February 25, 2019, a total of 2,34,00 won from the victims, including from February 25, 2019.

"2019 Highest 1871"

1. On January 22, 2019, the Defendant, who committed the crime against the victim I, posted a false statement stating that “Aphone X will be sent to 150,000 won in cash when sending a cell phone used with 1.5 million won in cash” to the Internet site EF page by using the Defendant’s cell phone at a place in the address of Busan-dong, Busan-dong, Busan-dong, and then by visiting the Internet site EF.”

However, in fact, the Defendant did not have the opphone X, and was thought to use the opphone X for living expenses with money from the victim, so there was no intention or ability to sell the opphone X to the victim.

As above, the defendant deceivings the victim and is under his control from the victim, J bank under the name of the defendant on the same day.

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