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(영문) 서울동부지방법원 2019.05.20 2018고단2299

사기

Text

A defendant shall be punished by imprisonment for six 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

Around February 3, 2018, the Defendant posted a letter stating “100,000 won mobile merchandise coupons are sold” on the Internet C bulletin board, and send merchandise coupons to the victim D, who reported and contacted the above letter, if he/she wired KRW 75,00 to KRW 75,00.

The Defendant made a false statement. However, the Defendant did not have an intent or ability to send gift certificates to the victim even if he/she received money from the victim because he/she did not hold a back-to-date mobile merchandise coupon. The Defendant, by deceiving the victim as above, received KRW 75,000 from the victim’s account in the name of the Defendant on the same day from April 25, 2018 to April 25, 2018, and received KRW 2,255,000 in total on 29 occasions as shown in the separate crime list by the same method, including transfer of KRW 75,00 from the victim’s account in the name of the Defendant, from April 25, 2018. The Defendant sold KRW 2,25,00 in the Internet bulletin around April 17:21, 2018.

A false statement was made to the victim G, who reported and contacted the above writing, stating that “The 75,000 won will be remitted to the victim G, who would send a merchandise coupon on the face of the week.”

However, in fact, the Defendant did not have a back-to-out mobile product right and did not have the intent or ability to send merchandise coupons to the victim even if he received money from the victim.

The Defendant, by deceiving the victim as above, received 75,000 won from the victim’s account under the name of the Defendant to the Hbank account on the same day.

Summary of Evidence

[2018 Highest 2299]

1. Statement of the defendant in the first protocol of trial;

1. Each statement of I, J,K, L, M, N,O, P, Q, D, R, C, M, V, W, X,Y, Z, AB, AD, AE, AE, B, AF, AH, and AI;

1. Results of each transfer, each transfer certificate, and details of each account transaction;

1. The details of each letter and each letter posted [2018 Highest 2951];

1. Statement of the defendant in the second protocol of trial;

1. G statements;

1. Characters and dialogues, Defendant H Bank Account Acts and subordinate statutes.