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(영문) 창원지방법원 2020.08.26 2019고단3604

사기

Text

A defendant shall be punished by imprisonment for two years.

The defendant 750,00 won to B who applied for compensation, and 290,000 won to F who applied for compensation.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for fraud at the Changwon District Court on September 20, 2018, and on June 22, 2019, the execution of the sentence was terminated by the Changwon Prison on June 22, 2019, and on July 22, 2016, the same court sentenced one year and six months to imprisonment with prison labor and completed the execution of the sentence on August 1, 2017.

Around September 4, 2019, the Defendant published a letter stating that “galgno 93 unit” was sold in the Internet Pkno Pkno on the Kimhae-si M and N, and made a false statement that he/she would send smartphones to the victim J who reported and contacted this letter if he/she sent money to the victim J.

However, even if the victim received money from the victim, there was no intention to send the goods to the victim.

As such, the Defendant: (a) by deceiving the victim as such, received 750,000 won from the victim to the company bank account in the name of the Defendant; and (b) from November 8, 2019, up to 23 times, as shown in the attached Table 1 of the Crimes List 2019, the Defendant was transferred a total of KRW 8,415,00 by the said means, as seen above, from the time when he was transferred from the victim to the company bank account in the name of the Defendant.

Around September 6, 2019, the Defendant prepared a notice stating that he/she sold one of the mobile phone units to P, which is an Internet trading site, at the Internet's residence of Kimhae-si and N, and that he/she sent 350,000 won to the victim R, who reported and contacted the notice, it was false that he/she sent one of the heavy cell phones.

However, in fact, the Defendant did not have a heavy cell phone, and the cell phone pictures attached to the comments were merely reproduced through Internet search, and even if he received the mobile phone price from the victim, he was planned to consume it with funds for illegal private sports gambling, and there was no intention or ability to send the cell phone as agreed.

The defendant shall belong to the defendant on the same day from the victim at around 22:15.