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(영문) 창원지방법원 2020.08.26 2019고단1153

사기

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around the end of February 2017, the Defendant written and posted a letter to the effect that “D sells 200 rubber straws used for buses or trucks” on the Internet site “D,” and that “Span E, a victim who reported and contacted the above writing, sent 20 of the type of rubber straws used for buses or trucks on February 2018.”

However, in fact, even if the Defendant did not have any personal effects at that time and received money from the victim, he did not have the ability to sell the personal effects, and even if he received money from the victim as the price for the goods, there was no intention to send the personal effects.

Nevertheless, the Defendant, by deceiving the victim as above, received USD 14,95.55, around March 9, 2018 from the victim to the G bank account (H) in the name of F, and received USD 34,989.62, around May 10, 2018, a total amount of USD 49,985.17 ($ 53,451,501 in Chinese currency) on two occasions, such as remittance of USD 49,985.17 ($ 53,451,501 in Korean currency) from the victim and sending waste, not new products.

Summary of Evidence

1. Application of Acts and subordinate statutes to reporting internal affairs to the accused, such as the details of transactions, such as the police statement of the statement made to the prosecution E of some of the suspect interrogation records, transfer statements, evidentiary materials, false posting, and transaction transfer statements

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 32 (1) and Article 25 (3) 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (the existence and scope of liability for damages is unclear) of the rejection of an application for compensation order;