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(영문) 인천지방법원 2019.11.26 2019고단5959

사기

Text

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

The defendant shall pay 280,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the said sentence on November 9, 2018.

[2019 Highest 5959] On June 10, 2019, the Defendant sold an Amacubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubics.

However, the defendant did not possess the above goods, and was planned to use them for living expenses by receiving money from the victim, and there was no intention or ability to send the goods promised to the victim.

As such, the Defendant, by deceiving the victim, received KRW 250,00 from the victim’s G account (Account Number: H) in the name of the Defendant, and received KRW 2,288,500 from the 17 victim to July 23, 2019, such as the attached crime list (1).

[2019고단6449] 피고인은 2019. 7. 11.경 인터넷 D 카페 ‘E’에 피고인이 게시한 '더키움스팟(어린이무릎마사지기)을 판매한다.‘는 내용의 글을 보고 연락한 피해자 I에게 돈을 송금하여 주면 물건을 보내주겠다고 거짓말을 하였다.

However, since the defendant did not have the above goods, there was no intention or ability to send the goods promised even if he received money from the victim.

Ultimately, the Defendant, as above, deceiving the victim as above, received KRW 104,00 from the victim to the corporate bank account under the name of the Defendant at around 18:29 on the same day, and accordingly, the “8.22.” as stated in the indictment on August 25, 2019 is a clerical error in the name of “8.25.”

By day, by the amendment of the attached list of crimes (2) of the indictment, the account in the column of “the account received” No. 2 per annum is changed to the “K of the J bank in the name of the defendant,” and No. 5 per annum.