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(영문) 부산지방법원 서부지원 2020.06.24 2019고단2415

사기

Text

The Defendants shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On November 6, 2019, Defendant A was sentenced to imprisonment with prison labor for 8 months, suspension of execution two years, Defendant B’s crime of larceny at night in the branch of the Busan District Court, etc. on November 6, 2019, and on November 6, 2019, Defendant A was sentenced to imprisonment with prison labor for 4 months and suspension of execution for 2 years, respectively. < Amended by Act No. 1412, Nov. 14, 2019>

【Criminal Facts】

1. 피고인 A 피고인은 2019. 5. 6. 인터넷 중고거래 사이트 ‘C’에 '에어팟을 판매한다‘는 글을 게시한 후 위 글을 보고 연락한 피해자 D에게 '15만 원을 입금하면 에어팟을 보내주겠다

The term "the expression was false."

그러나 사실 피고인은 에어팟을 가지고 있지 않아 피해자로부터 돈을 받더라도 이를 보내줄 의사나 능력이 없었다.

The Defendant, as such, by deceiving the victim, received KRW 150,00 from the victim, and by not later than May 8, 2019, received KRW 450,00 from the victim by deceiving the victims on a total of three occasions, such as the statement in the list of offenses.

2. In using and managing the means of access, unless otherwise specifically provided for in other Acts, Defendant B was prohibited from receiving or lending the means of access, demanding or promising to receive or lend the means of access. However, the Defendant, on May 5, 2019, provided that “I would give money to a third party to a third party via Facebook” to “I would give money to a third party,” and received a loan from E in the name of G Bank account (H) in front of the Busan Dongdong-gu, Busan.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of E;

1. Each statement of D, I, and J;

1. The details of each transfer, the certificate of deposit, the contents of dialogue, the contents of dialogue, and the sales writing of C goods; and

1. CCTV withdrawal screens;

1. Before ruling: Two copies of each criminal record, Busan Western District Office No. 2019 type No. 13503 of the case agreement and supplementary output screen, and two copies of Busan Western Branch Support No. 2019 type No. 1255 of the case.