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(영문) 서울남부지방법원 2020.09.09 2020고단3446

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 351,500 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. Fraud;

A. On September 20, 2019, the Defendant committing the crime related to mobile phones made use of the Kakakao and telephone to the victim D, “To dispose of two cell phoness on the day of the opening of the cell phone and pay the price therefor. The mobile phone, etc. shall be paid at four installments, and the mobile phone shall be terminated upon the expiration of the agreed period.” On September 21, 2019, the Defendant was issued 10,000 Samsung Galtho Trith, the market price of which is equivalent to KRW 2 million in the victim’s name, by making 10,000,000 in the victim’s name.

However, even if the defendant received the cell phone from the victim, he had the intent to sell it and use it arbitrarily, and there was no intention or ability to pay the sales proceeds promised to the victim.

In this forum, the Defendant, by deceiving the victim as above, received two mobile phones of the amount of KRW 2 million at the market price from the victim, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.

B. On October 2019, the Defendant: (a) sought money from the account that the Defendant received money from the Defendant for the commission of fraud; (b) requested money from the victims in contact with the victims for the sale proceeds of used goods; (c) conspireds with the victims to commit the commission of fraud of used goods transactions on the Internet by notifying the account number that the Defendant had sought; and (d) receiving money from the victims; and (e) the Defendant scam card linked to the G Kaka Bank’s account in the name of G as described in paragraph (2) below, the Defendant scamed the cam card to the victims and the bearers.

On October 5, 2019, the Defendant, in collusion with the name-free boxes, posted a letter to the effect that the name-free persons sell mobile phones on the Internet HH car page, and runs as if the victim I, who reported and contacted, paid the price of goods, will send the mobile phone to the victim I.