beta
(영문) 울산지방법원 2020.07.24 2020고단1531

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 18, 2015, the Defendant sentenced three years and six months to imprisonment with prison labor for habitual larceny, etc. at the Gwangju District Court on November 18, 2015, and completed the execution of the sentence in the 3rd North Korean prison on October 31, 2017.

【Criminal Facts】

1. On February 26, 2020, the Defendant: (a) knew that the victim B received a transfer of KRW 15,549,900,00 from the sales proceeds of Masck at around that time, and then did not seek any refund of the said money; (b) made a false statement to the victim, stating that “I would send a deduction of Masc to the Defendant if I send the cost of theft of Masck to the warehouse, while I keep the Masck 200,000 head of Masck in custody at the warehouse.”

However, in fact, the Defendant did not know a person who is in custody and thought that he would receive money from the victim to use it for personal purposes, such as gambling fund, and thus, there was no intention or ability to pay Make even if he received money from the victim.

The defendant shall prepare a marina from the victim for the same year as expenses incurred in preparing a marina.

3. 2.4,500,000 won, and the same month; and

3. The amount of KRW 6,00,000, total of KRW 10,500,000 was remitted to the CUnion account under the name of the Defendant.

2. The Defendant of the crime against 32 victims E, etc.: (a) did not have the intent or ability to pay the Mack as above; (b) did not know of such fact, B posted a notice of the publicity of the Mack sales continuously using the Mack Mack Mack Mackn, etc., and ordered the victim to purchase 20 Mack Mack from the victim on February 29, 2020.

The Defendant, from around 29th of the same month, received 53,000 won from the victim E to the above G bank account (H) in the name of the sale proceeds of Maak in around the same month, from that time, from that time.

3.9.