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(영문) 대전지방법원 2021.03.26 2020고단4657

사기

Text

A defendant shall be punished by imprisonment with prison labor for three months.

The Defendant shall pay 140,000 won to the applicant for damages.

Reasons

Punishment of the crime

[criminal record] On October 18, 2017, the Defendant was released on August 14, 2018, when he was sentenced to eight months of imprisonment for a crime of fraud in the Daejeon District Court for Red Prison Support, and the parole period was expired on September 28, 2018 during the execution of the sentence, and on August 12, 2020, the above court was sentenced to one year and eight months of imprisonment for the same crime and the judgment became final and conclusive on October 20, 2020.

[20, group 4657] On December 19, 2019, the Defendant posted a letter on “C” on the Internet trading website “C,” and said that “C will send the instant earphone to the victim who contacted the victim by reporting “on the gallon (radiophone)”.

However, in fact, the defendant did not possess the above goods, and even if he received the price from the injured party, he did not have the intention or ability to sell the above goods because he was planned to use them for living expenses

Defendant deceiving the victim as above and transferred KRW 10,000,000 in the name of the sales proceeds of the phone to the F account (G) in the name of E, following around December 19, 2019, from the victim who was affiliated therewith.

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

[2020 고단 4803] 피고인은 2019. 7. 9. 경 천안시 이하 장소를 알 수 없는 장소에서 인터넷 중고 거래 사이트 ‘C (H) ’에 ‘ 에어 팟 2’를 판매한다는 글을 게시하여 이를 보고 연락한 피해자 I에게 “ 대금을 송금하면 물건을 보내주겠다.

“.....”

However, even if the defendant receives the price, he did not have the intention or ability to send the goods.

The Defendant received KRW 110,00,00 from the damaged party to the K account (L) in the name of the J on the same day from the injured party, from that time on December 30, 2019, and received KRW 1,280,000 in total from seven victims through the above method, such as the statement in the list of crimes, from December 30, 201.

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