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(영문) 창원지방법원 진주지원 2019.02.15 2018고단1147

사기

Text

[Defendant A] The defendant A shall be punished by imprisonment for one year.

[Defendant B] Defendant B shall be punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

Defendant

A On January 24, 2018, the same year was sentenced to imprisonment for six months with prison labor for fraud and two years with prison labor for probation in the assistance of the Changwon District Court.

2.1. The ruling becomes final and conclusive and is currently during the suspension of execution.

"2018 Highest 1147"

1. Defendant A had the intent to acquire money by means of not receiving money from the people using the fact that money was first received and delivered after receiving the money in the transaction of goods through the used goods site such as Q, etc.

On June 2, 2018, the Defendant posted a letter to the effect that “the sales of heavy cables” is to be made on the Defendant’s cell phone at the Defendant’s residence located in R, Jinju-si, and falsely sent it to the victim S who contacted with the Defendant, stating that “if the price of the goods is sent first, the goods will be sent first to door-to door.”

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

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 864,00 from the Tbank account (U) in the name of the victim as the price for the goods on the same day, and received KRW 864,00 from the victim to August 25, 2018, together with KRW 37,00 from the victim 37 times in total, as shown in attached Table 1.

Accordingly, the defendant was provided property by deceiving the victims respectively.

2. Defendant B, who is in a de facto marital relationship with the Defendant at the time and place specified in each of the preceding paragraphs, provided that he could use his own bank account (Account Number: U) and cellular phone (V) as indicated in the preceding paragraph with a well-known fact that the said A, who is in a de facto marital relationship with the Defendant, commits a crime of fraud, thereby aiding and abetting A’s respective frauds.

"2018 Highest 1291" accused.