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(영문) 대전지방법원 서산지원 2020.05.13 2019고단532

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 8, 2019, the Defendant posted a letter that he/she sells gallons on the Internet B car page, and falsely concluded that “If he/she sends 10,000 won, he/she will send gallons to the victim C who reported and contacted gallons.”

However, in fact, the Defendant did not want to sell gallons, but did not have any intent or ability to send gallons even if he received money from the victim, because he did not want to sell gallons, required living expenses, and posted the above text.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 110,00 from the victim to the bank account (E) in the name of the Defendant from the victim, and, from May 15, 2019, by deceiving the victims as described in the attached Form No. 1, and by deceiving them, received KRW 550,000 in total five times from the victims.

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

Around February 9, 2020, the Defendant posted a false statement to the effect that “Around February 9, 2020, 2020, the Defendant sent 160,000 won to KF94 M&C 90” by accessing the Internet B at a place that is not known to the public, and that “A victim F in contact will send 160,000 won to KF94 M&C 90 out of the face of transfer.”

However, in fact, the Defendant did not have 90 KF94 Masck 90, and the Defendant was planned to use the money received from the victim for the cost of living, so the Defendant did not have any intention or ability to sell 90 Masck 90.

Nevertheless, the defendant deceivings the victim as above and receives 160,000 won from the victim's corporate bank account under the name of the defendant as the sale proceeds of the same day, and deceiving eight victims as shown in the annexed crime list 2 from August 25, 2019 to February 16, 2020 in the same manner. < Amended by Presidential Decree No. 17420, Aug. 25, 2019>