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(영문) 울산지방법원 2020.08.13 2019고단2404

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2019 Highest 2404] Around August 2018, the Defendant issued an order for necessary goods and requested for the supply of goods to the victim by taking advantage of the F’s delivery position in relation to E and its customer relationship with the victim D operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-gu, by taking advantage of the F’s delivery position.

However, in fact, the defendant did not intend to deliver the goods received from the victim to F, and he had sold the goods directly and was thought to receive such profits.

Around August 8, 2018, the Defendant: (a) informed the victim of such deception; (b) received KRW 69,000 yellow 30,000 at the market price owned by the victim; and (c) received goods worth KRW 23,880,90 in total over 34 times from around that time to October 19, 2018, as indicated in the separate crime list.

[2019 Highest 2891] On October 2018, the Defendant posted a notice to the effect that “sale of electric tools” is “sale of electric tools” on the Internet G car page at an unspecified place, and made a false statement to the victim B who had contacted with the notice.

However, in fact, the defendant did not have the previous tools that the defendant promised to sell to the victim and received money from the victim as living expenses of the defendant, etc., and there was no intention or ability to sell the previous tools to the victim normally.

Nevertheless, the Defendant, as above, by deceiving the victim, received each transfer of KRW 1.5 million from the victim around October 24, 2018, and KRW 1.5 million around November 22, 2018, and received KRW 3 million in total from the victim.

[2019 Highest 4222] Around May 23, 2019, the Defendant posted a letter to the effect that “sale of Not North Korea,” using his cell phone at the Defendant’s residence located in Ulsan-gu H, Ulsan-gu, and reported this to the victim I who contacted with the Defendant.