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(영문) 대구지방법원 2020.04.23 2020고단1285

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to larceny, etc. at the Daegu District Court on November 29, 2018 and completed the execution of the sentence on January 11, 2020.

On January 23, 2020, the Defendant: (a) around January 23, 2020, entered into the Internet car page, and (b) made the victim transfer money to the account designated by the recipient of the victim by making a false statement via telephone or Internet; (c) the Defendant provided the account in the name of the accused to receive money from the victim; and (d) deposited money from the account in the name of the accused to collect money from the victim; and (d) if the amount of damage is KRW 10 million, the Defendant conspired to distribute it to five (the accused) persons (the accused) if the amount of damage is KRW 6 (the accused) and KRW 10 million, if the amount of damage is KRW 10 million.

Accordingly, on January 31, 2020, the name-freeist posted a notice to the effect that “KF94 EF9 Mack is sold.” On the Internet B car page, the victim C’s staff D (Nam, 30 years old), who reported and contacted the above notice, deposited KF94 EF account in the name of the defendant, KRW 21,384,000, which is 15% of the sales proceeds of KF94 EF account in the name of the defendant, and deposited KRW 21,384,000 in the name of the defendant, in advance.”

However, in fact, the accused and the defendant did not have a Make, and even if they received the price from the victim, they did not have the intention or ability to sell the Make.

On January 31, 2020, the Defendant, in collusion with the person who was unaware of his name, by deceiving the victim as above, and received 21,384,000 won from the victim to the E BankF account under the name of the Defendant as a prior payment for the sale of marina on January 31, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A certificate of deposit, a certificate of deposit and a certificate of deposit, a car photograph printed truck, each Kakao Stockholm dialogue, an application for F of the E Bank, and a statement of account transactions in the E BankF account;

1. A report on internal investigation (for the analysis of deposits in and out of a criminal account and the acquisition of the hash value), and a report on internal investigation shall be deposited.