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(영문) 창원지방법원 2019.11.22 2019고단1704

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 10, 2019, the Defendant posted a false statement on the Internet BC page of the 2019-Ba1704, stating that “If cash is deposited in KRW 220,000,000, the Defendant would deliver the Gu’s stroke to the Defendant.”

However, the defendant did not have the intention or ability to deliver the goods to the victim even if he was actually paid the price of the goods with a plan to prepare the cost of living without any particular property or revenue at the time.

After all, the Defendant received 220,000 won from the victim's name as the price for the goods from the D bank account in the name of the Defendant, from the time to January 17, 2019, and acquired 680,000 won in total from the victims through the same three times through the same method, such as the list of crimes (1) in the attached Form from January 17, 2019.

"2019 Highest 2163"

1. Around March 2, 2018, the sole criminal defendant posted a letter stating that he/she sells 'Matriart North Korea' on the Internet B car page in the French area of Busan (hereinafter referred to as Busan) and falsely said that he/she would deliver Matriart to the victim F who contacted with him/her by depositing 50,000 won.

However, the defendant did not have an intention or ability to sell the above goods because he did not have a Nowon-do.

In such a manner as above, the Defendant, by deceiving the victim, received KRW 500,000 from the victim’s G bank account (H) in the name of the Defendant, and thereafter, received KRW 1,430,000 from the victims in total three times from that time until September of the same month, as shown in the attached Table of Crimes (2).

2. On January 2018, the Defendant co-principaled with I and J: (a) had been living together in the juvenile reformatory at the insular area of Busan or lower level; (b) had been aware of I’s introduction by J and Internet goods fraud; (c) provided K ID and cellular phone; and (d) provided fake phone.