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(영문) 수원지방법원 2014.10.15 2013고단5358
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 28, 2011, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daejeon District Court on April 2, 201, and completed the execution of the sentence on April 2, 2012.

【Criminal Facts】

1. Around July 25, 2013, the Defendant posted a notice stating that the victim BU purchases an engineering calculating machine from the NAV Internet camera (BT), and sent text messages to the victim first, he/she made a false statement to send the calculating machine if he/she sent the text messages to the victim.

However, there was no intention or ability to sell a calculating machine.

Around July 26, 2013, the Defendant received 30,000 won as the price for goods from the victim to the City Bank account (BV) account in the name of the Defendant.

2. On July 31, 2013, the Defendant posted a false statement on the “BW” bulletin board, a NAV Internet camera, to the effect that the Defendant would send Aphones to the victim BX who reported and contacted with the Defendant that “I would send Aphones if I would send the money first.”

However, there was no intention or ability to sell smartphones.

The Defendant received 190,000 won from the victim as the price for goods on the same day.

3. On August 4, 2013, the Defendant posted a false statement on the NAV Internet Cafin bulletin board stating that he/she sells gallon 1 smartphones, which reads that he/she would send smartphones if he/she sent money first to the victim BY who reported and contacted.

However, there was no intention or ability to sell smartphones.

The Defendant received 155,00 won from the victim as the price for goods on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police against BU;

1. WX and Y respective statements and petitions;

1. A complaint;

1. Judgment.

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