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(영문) 인천지방법원 2020.06.11 2020고단2378

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court on February 12, 2020, and the above judgment became final and conclusive.

【Criminal Facts】

1. On November 21, 2019, the Defendant, who committed the crime of November 21, 2019, sells three copies of the gift right of 50,000 foot cultural products to “B”, which is the Internet’s trading site of secondhand goods.

The Defendant posted a letter to the effect that “the victim C, who reported and contacted, sent a right to receive cultural products from remittance of KRW 135,000.” However, even if he/she received money from the victim, the Defendant did not have any intention or ability to send the said goods. The Defendant received KRW 135,00 from the victim in the name of the Defendant’s bank account (Account Number: E) on the same day as the price for the said goods on the same day. Accordingly, the Defendant received the money from the victim. On December 2, 2019, the Defendant received the money from the victim. On December 2, 2019, he/she received the money from the Defendant. The Defendant sent a letter to the effect that “B”, a trading site of goods, sold 50,00 won on the Internet, and reported this to the victim F, who sent the right to receive KRW 45,500,000 to the money.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above goods.

As above, the Defendant received 45,000 won from the victim’s account in the name of G Bank (Account Number:H) under the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Each statement of transfer, each written dialogueation, and B sales;

1. Previous record: Application of Acts and subordinate statutes, such as a defendant's legal statement, criminal record, etc., inquiry inquiry report, investigation report (No. 30 in order);

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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