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(영문) 대구지방법원 2019.07.25 2018고단5609

사기

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On November 16, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for criminal fraud at the Daegu District Court on April 2017, and the said judgment became final and conclusive on November 24, 2017, and is currently under suspended sentence.

On August 26, 2018, the Defendant posted a letter to the effect that “I sell a game machine that is not a content E” in the Daegu Northern-gu apartment B apartment house C, Daegu-gu, 2018, and reported to the effect that “I would send money if you send money” to the victim F.

However, the defendant did not have a game machine, and even if he received the money from the victim, he did not have an intent or ability to send a game machine to the victim because he thought to use it for the payment of living expenses and debts.

As above, the Defendant, by deceiving the victim, received KRW 270,000 from the victim’s G bank account (H) in the name of the Defendant on August 26, 2018, and received KRW 270,000 from August 30, 2018, the Defendant received a total of five times from the time on which he/she received transfer of KRW 780,00 from the victim.

Accordingly, the defendant was informed of the victims and received property from the victims.

On November 6, 2018, the Defendant called the J agency operated by the victim I in Franchise on 2019.11.6, the Defendant called “234,” and falsely called “the victim will end the K Tran for 24 months.” As he promoted, 100,000 won as franchis money. The monthly marina beverage price will be paid by automatic transfer from the passbook under the name of B.”

However, the defendant did not have the intention or ability to pay the price even if he received the request from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 100,000 won in total from November 2018 to February 2019, and received a demand amounting to 100,000 won in total from the market price from November 2018 to February 2019.

Accordingly, the defendant deceivings the victim.