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(영문) 대구지방법원 2017.10.26 2017고단1896

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

『2017 고단 1896』 피고인은 2017. 2. 2. 자신의 주거지인 대구 동구 C 아파트 104동 1508호에서 인터넷 번개 장터 게시판에 에어 팟( 무선 이어폰) 을 판매한다는 내용의 글을 게시하고, 이를 보고 연락한 피해자 D에게 “460,000 원을 입금하면 에어팟을 보내주겠다 ”라고 거짓말하였다.

그러나 사실 피고인은 위 에어팟을 가지고 있지 않아 피해 자로부터 돈을 받더라도 에어팟을 보내줄 의사나 능력이 없었다.

As such, the Defendant, by deceiving the victim, received 460,000 won from the Daegu Bank Account (Account Number: E) in the name of the victim, and received 6,210,000 won in total from the victims through 19 times in total as shown in the crime sight table from March 13, 2017.

On February 10, 2017, the Defendant posted a false statement on the Defendant’s house located in Daegu-gu dong-gu 104 Dong-gu 1504 Dong-gu 1504, stating that he/she will sell crowdfundings, and reported it to the victim F who contacted with the Defendant, “340,000 won of deposit will be sent to the Defendant.”

However, in fact, the Defendant did not have the aforementioned crowdfunding and did not have the intent or ability to send the crowdfunding even if he received the money from the injured party.

As such, the Defendant was accused of the victim, and was transferred KRW 340,000 to the Daegu Bank Account under the name of the Defendant for the sales proceeds of sexual harassment from the same day from the injured party.

Summary of Evidence

"2017 Highest 1896"

1. Statement by the defendant in court;

1. Each statement (including copies thereof) in G, H, I, J, K, L, M, N,O, D, P, Q, Q, S, T, U,V, W, and X preparation;

1. A statement of each financial transaction, each cell phone closure photograph, a certificate of confirmation of the transfer of electronic financial transactions, and finance;