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(영문) 서울중앙지방법원 2020.01.30 2019고단4804

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On April 13, 2019, the Defendant sent a “1.1 million won” computer CPU, traffic card, etc. to the victim B, who had contacted with the Defendant, by reporting the Defendant’s writing “I sell computer parts” posted on the Internet bulletin board.

‘False speech' was made.

However, in fact, the defendant did not possess the above goods, and even if he received the price for the goods from the victim, he did not have the intention or ability to send the said goods even if he received the price from the victim.

As such, the Defendant, by deceiving the victim, received KRW 1.1 million from the victim to the corporate bank account (M) in the name of L, and acquired the total amount of KRW 21,539,00 from March 29, 2019 to April 29, 2019, as shown in the attached crime list, and acquired the money by deceiving the total of KRW 32 victims, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the relevant Acts and subordinate statutes to the victims;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the agreement with some of the victims or the reimbursement of part of the amount of damage, and reflects the depth thereof);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by Compensation Orders (H)

1. Article 31 (3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. It is so decided as per Disposition on the grounds of not less than Article 32(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., of Application for Compensation Order (Applicant B, C, D, E, F, G, I, and J)