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(영문) 부산지방법원 서부지원 2020.04.28 2019고단2207

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 5, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Busan District Court on December 5, 201, and the above judgment became final and conclusive on December 11, 2019.

【Criminal Facts】

On April 4, 2019, the Defendant posted a letter to the B Kaf, stating that “Se-type 2 sets” and “Se-type 2 sets” are sold at a place where the location is unknown, and said, the Defendant would send money to the victim C who reported and contacted this letter to the victim C.

However, in fact, the Defendant did not have any intention or ability to send the goods as agreed because he did not have any intention to use the goods for living expenses in return for money from the victim.

Nevertheless, the defendant deceivings the victim as such and acquired 480,000 won from the victim to the corporate bank account (D) under the name of the defendant.

On March 19, 2019, the Defendant posted a false statement on the Internet site “B,” stating that “I will sell scamblings (red red ginseng products)” and “I will send three boxes of scamblings if I would return 380,000 won to E.”

However, even if the defendant received a prior payment from the victim, he did not have an intention or ability to send the goods promised to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 380,000 won from the victim to the corporate bank account (F) in the name of the Defendant on the same day.

No person shall, upon receiving any promise to make a transaction request in electronic financial transactions after he/she receives such promise, nor lend any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any other person.

On February 2, 2019, the Defendant interest on a loan from a person under a name-free loan that the Defendant borrowed in KRW 800,000.