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(영문) 수원지방법원 2020.08.14 2020고단3233

사기

Text

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

200 Highest 32333 Of course, the penalty shall be exempted.

Reasons

Punishment of the crime

[criminal power] On January 31, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Sungnam Branch of the Suwon District Court, and the said judgment became final and conclusive on February 1, 2019, and completed the execution of the said punishment in the Seoul Dong District Court on October 21, 2019. On February 20, 2020 and April 24, 2020, the Defendant filed an appeal with one year of imprisonment for a crime of fraud with the said court, and is still pending in the appeal court at the current Suwon District Court.

[2020 Highest 3233] On October 20, 2018, the Defendant visited the E Fsite at the Defendant’s residence located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and told the victim to contact with the victim “CS 80,000 won, including the cost of home delivery, of the Aaran and the Aaran Republic of Korea, 135,000 won.”

However, since the defendant did not possess the above goods, even if he received the proceeds of the goods, he did not have the intention or ability to send the goods to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 85,000 won from the victim to the corporate bank account under the name of the Defendant on the same day, and obtained 50,000 won in total from the same account as the next day, and acquired 135,000 won.

[200 Godan4614] Around December 16, 2019, the Defendant told the victim CTT, who had access to the EF website at the Defendant’s residence located in Seongbuk-gu Seoul Metropolitan Government I, to post a toy (toy) sales book, and reported and contacted this, that “I would send to the victim 40,000 won.”

However, the Defendant did not have the above toy and did not have the intention or ability to send the above to the victim's toy even if he received the price.

Nevertheless, the Defendant, by deceiving the victim as above, received 40,000 won from the G bank account in the name of A toy payment on the same day from the victim.

Summary of Evidence

[Attachment 2020 order 323] Defendant