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(영문) 대전지방법원 2018.08.22 2017고단2522
사기
Text

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

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daejeon District Court on September 3, 2015 and completed the execution of the sentence in the Daejeon Prison on November 2, 2016.

[2017 Highest 252]

1. On May 3, 2017, the Defendant posted a notice stating that “Aphone 7” was sold on the website of Seo-gu Daejeon building, Seo-gu, and the Internet heading D’E, and then sent money to the victim F who reported and contacted, he/she would deliver the said goods at his/her home to the victim F.

A false statement was made.

However, even if the defendant did not possess the above goods and received money from the injured party, he did not have the intention or ability to deliver the above goods to the injured party.

The defendant, under his/her control, shall use the name of the injured party for the purchase of goods at a corporate bank account (Account Number): 500,000 won on May 3, 2017; and the same month.

4. The person acquired 180,000 won by transfer.

2. On May 5, 2017, if the Defendant posted the above writing at the place described in the above paragraph (1) and then sent money to the victim H who reported and contacted, the Defendant would deliver the said article at his/her home.

A false statement was made.

However, even if the defendant did not possess the above goods and received money from the injured party, he did not have the intention or ability to deliver the above goods to the injured party.

The defendant received 630,000 won from the damaged person to the above account in the name of the defendant for the same day as the price of goods.

[2017 Highest 3361]

1. On March 20, 2017, the Defendant posted a false statement to the effect that “I sell Aphone 7 Pphones smartphones” by accessing a mobile phone app I in the Seo-gu building and the Defendant’s residence, Seo-gu, Daejeon, Daejeon, and the Defendant’s cell app I, and that “I will send Aphone 500,000 won to the victimJ that reported and contacted.”

However, even if you receive money from the injured party, there was no intention or ability to deliver smartphones to the injured party.

Nevertheless, the defendant is the victim as above.

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