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(영문) 수원지방법원 안양지원 2020.04.02 2019고단740

사기

Text

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

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

Reasons

Punishment of the crime

[2019 Highest 740] On October 25, 2018, the Defendant posted a false statement on the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, stating that the Defendant would have access to the Defendant’s cell phone and sell a bowling machine with a mobile phone, and reported it to the victim D who visited the victim.

However, the defendant did not have a bowling hole and did not have the intention or ability to sell the goods even if he received the price of the goods from the victim.

The Defendant received 143,00 won from the victim’s bank account (E) in the name of the Defendant at around 18:27 of the same day.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

[2019 Highest 1394] On February 15, 2019, the Defendant posted a letter to sell online game money on the F bulletin board, and expressed to the effect that “The Defendant would give money to the victim G who reported and contacted with it.”

However, in fact, the defendant was thought to use money from the victim for living expenses, and there was no intention or ability to pay the money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 21,00 from the victim’s bank account (H) in the name of the Defendant on the same day from the victim, and received KRW 233,000 in total from around five times to February 28, 2019 in the same manner as the list of crimes in the attached Table of Crimes.

Summary of Evidence

[2019 Highest 740]

1. Defendant's legal statement;

1. Written statements prepared in D (2019 Highest 1394);

1. Defendant's legal statement;

1. Each petition for G, I, J, K, and L;

1. Colors by each transfer note and by reducing the contents of each letter dialogue;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2 and Article 50 (2) of the Criminal Act shall apply to victims D.