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(영문) 서울남부지방법원 2018.04.13 2018고단702
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On January 26, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Busan District Court for fraud, etc., and on February 3, 2017, the said judgment became final and conclusive on February 3, 2017, and is currently under suspended sentence

On January 30, 2018, the Defendant was sentenced to imprisonment for a violation of the Act on Specialized Credit Financial Business in Seoul Southern District Court, for two months, for eight months, for fraud, etc., and appealed on February 5, 2018, and is still pending in the appellate trial.

Criminal facts

1. On October 19, 2017, the Defendant on the victim W posted a letter to the effect that “S 8 B shall be sold upon galloning gallon ju, Samsung Smartphone,” on the Internet NVV and the Korean car page of the Republic of Korea around Seoul, and if the Defendant wired the price of goods to the victim W who reported and contacted, he/she would deliver the said smartphone.

A false statement was made.

However, the defendant did not have the intent or ability to sell the goods to the victim even if he/she received money from the injured party for the purpose of raising living expenses, etc. at the time.

Around 09:01 on the same day from the victim of the above false statement, the Defendant received KRW 200,000 from the Defendant’s agricultural bank account under the name of the Defendant (X) and fraudulently acquired it.

2. The Defendant against the victim Y, on October 21, 2017, posted a letter to the victim Y that “sales air clean equipment” in the aforementioned manner at the French area, Seoul, and then sent the proceeds of the goods to the victim Y who had contacted with the victim Y, he/she would deliver the said air clean apparatus.

A false statement was made.

However, the defendant did not have the intent or ability to sell the goods to the victim even if he/she received money from the injured party for the purpose of raising living expenses, etc. at the time.

The Defendant received KRW 290,000 from the injured party to the Agricultural Cooperative Account under the name of the Defendant (X) around 16:38 of the same day from the victim of the above false statement, and acquired it by fraud.

(i) the evidence;

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