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(영문) 서울남부지방법원 2020.12.23 2020고단5149

사기

Text

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

The defendant shall pay 384,00 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

On January 18, 2020, the Defendant stated that “The 2020 Highest 5149” was selling a game device “HTSVIVE” on the website at the French site and that this would deliver the game device “HTSVVE” to the victim D who had contacted with the text. The price is KRW 480,000.”

However, even if the defendant receives the payment from the victim, he did not have the intent or ability to deliver the said game machine.

On January 19, 2020, the Defendant, by deceiving the victim as such, received KRW 480,000 from the victim to the corporate bank account under the name of the Defendant at around 10:58 on January 19, 202, and received KRW 4,267,00 in total five times from the victims from September 7, 2020, as shown in attached Table 1.

Around May 7, 2020, the Defendant posted a notice to the effect that “C”, an unmanned drone, is sold, and then sent money to the victim F who reported and contacted the above notice to the victim F., the Defendant sold the above online drone. The Defendant posted a notice to the effect that “C” established in the Internet portal site was sold in the middle-hand car page.

However, the fact was that the defendant did not hold the above unmanned theory, and even if he received money, he did not have the intention or ability to sell the above unmanned theory, he was able to use it in living expenses, etc.

Nevertheless, the Defendant received money from the victim as the sale proceeds of the same day from the victim and acquired it, as well as from around that time to June 12, 2020, the Defendant acquired 4070,000 won in total from 4 times every four times, such as the crime list 2.

around March 14, 2020, the Defendant: (a) had access to “C” established on the Internet portal site, and had access to “C”; (b) had access to the sale of sports supplementary services; (c) had access to the sports supplementary services.