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(영문) 부산지방법원 2020.01.09 2019고단3803

사기등

Text

1. The defendant A shall be punished by imprisonment for one year;

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

[Criminal Justice] On February 14, 2019, Defendant A was issued a summary order of KRW 500,000 as a crime of fraud at the Busan District Court on February 14, 2019, and was subject to criminal punishment five times due to fraud.

【Criminal Facts】

"2019 Highest 3803"

1. On May 29, 2019, the Defendant, who committed the crime of fraud by Defendant A, called the victim E who operated the store of electronic equipment selling electronic equipment with the trade name “D” on the first floor of the Busan-gu Busan-gu Seoul-gu C building, called “D” to purchase three parts of the LG A9 cleaning machine. The cleaning machine price has already been transferred to the account and visited the store to receive the cleaning machine.”

However, the above defendant did not transfer the cleaning money to the above victim. At that time, there was a unpaid fine equivalent to KRW 9.9 million without any particular property, and even if he received cleaning money from the above victim, he did not intend to dispose of it and did not have the intent or ability to pay the cleaning money properly to the above victim.

As above, the above Defendant deceivings the above victim, and then acquired three LG A9 cleaning machines equivalent to the market price of KRW 3 million in the above "D" store on the same day from the above victim, and fraudulently acquired them.

2. On June 5, 2019, the Defendant, at the Defendant’s residence of the building F in Busan, the Defendant called the victim as stated in the foregoing paragraph 1., and sent the victim’s phone phone to the victim as stated in the foregoing paragraph 1., “The Plaintiff sent KRW 4,100,000,000 to the Plaintiff, adding up the cleaning machine amount unpaid to the first place.” The Defendant sent the mobile phone file of the liquidity description of transactions in G Bank, stating the details of remittance of KRW 4,100,00 to the victim.”

However, the above defendant did not have remitted the aforementioned victim's cleaning price, and the above defendant's file of liquidity photographs of the above G bank is the above defendant.