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(영문) 서울중앙지방법원 2020.01.09 2019고단3492

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On September 29, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Jeju District Court for one year and two months, and completed the execution of the sentence in the Jeju Prison on February 6, 2017.

On April 5, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court for larceny and the judgment became final and conclusive on October 25, 2019.

【Criminal Facts】

1. Around January 8, 2018, the Defendant posted a letter “C” with access to a website “D,” stating, “I sell for KRW 23,200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,

After the end of the 11th of the same month, the victim was transferred KRW 23.2 million in total as the purchase price of electronic currency to the account under his/her name on the 11th of the same month.

However, the defendant did not hold the above electronic currency at the time, and thought that he would use the money for debt repayment, living expenses, etc. with the money received from the victim. Even if he received money from the victim, he did not have an intention or ability to pay the said electronic currency to the victim.

Accordingly, the defendant deceivings the victim as above, and acquired a total of KRW 23.2 million from the victim as the purchase price of electronic currency.

2. On January 6, 2018, the Defendant made a false statement to the victim F by telephone at a place that is not known to him/her on or around January 6, 2018, stating that “I will complete payment immediately if I wish to make an investment of KRW 2.5 million.”

However, in fact, the defendant was thought to use the money received from the victim to repay the money from other creditors, and there was no intention or ability to repay the money from the victim because the defendant was in an economic difficult situation.

Accordingly, the defendant deceivings the victim as above.