beta
(영문) 수원지방법원 평택지원 2019.10.24 2019고단1078

사기

Text

A defendant shall be punished by imprisonment for six 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

1. On February 8, 2019, the Defendant: (a) posted a false statement on the Defendant’s home located in Pyeongtaek-si B to sell mobile phone 8 by accessing the Internet site CD using a mobile phone; (b) reported and contacted the victim E with the victim E by “on the transfer of KRW 430,000 to KRW 430,000 of the price of the goods”.

However, as the Defendant continued to use the above mobile phone, there was no intention or ability to deliver virtual phone 8 even if he receives the price of the goods from the victim, because the Defendant was planning to take over the price of the goods by deceiving the victim.

The Defendant, as such, by deceiving the victim, received KRW 430,00 from the victim to the F G account under the name of the Defendant, and received a total of KRW 4,470,000 from that time, from that time, the Defendant transferred KRW 4,470,00 in total over 15 times, as indicated in the attached crime

2. Around February 22, 2019, the Defendant: (a) made a false statement to the victim J, who was aware of the Internet goods transaction at Pyeongtaek-si H and I’s home, stating that “I would pay back two days after the loan of money that is urgently needed; (b) if I fail to pay money, I would pay it in lieu of Iphone 8.”

However, the defendant did not have the intent or ability to pay the above money to the Internet gambling and not pay the above money, even if he borrowed the money from the victim, because he did not have the intent or ability to send the money on behalf of the opon8.

The Defendant, as such, by deceiving the victim, received 300,000 won from the victim to the F Account K in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the relevant Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;