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(영문) 서울남부지방법원 2020.11.25 2020고단2493

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 29, 2020, the Defendant, against the victim B, posted the Internet EF text “Sales Mack (KF94)” in the Dongdong-gu Seoul Building C, Youngdong-gu, Gyeonggi-gu, Seoul. On February 29, 202, and made a false statement to the effect that “the Defendant would send Mack if he first remitted the money to the victim B who contacted with his cell phone.”

However, the defendant did not have any intention or ability to deliver the above Mak even if he receives the price from the victim because he did not have a Mak.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 20,000 won from the G bank account (H) in the name of the Defendant at around 17:23 on the same day under the name of the victim for the sales proceeds of Maak.

2. The Defendant, against the victim I, by deceiving the victim I in the same manner as that of paragraph (1), at the same time and place as that of paragraph (1), and by deceiving the victim I, it was transferred from the victim to the G Bank account (H) in the name of the Defendant at around 17:26 on the same day as the sales proceeds of Make.

3. The Defendant, against the victim J, by deceiving the victim J in the same manner and at the same time and place as Paragraph 1, at the same time and place as Paragraph 1, and by deceiving the victimJ, he/she was wired 450,000 won to the G bank account (H) in the name of the Defendant at around 22:36 of the same day as the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of J, I, and B of each petition and statement transfer certificate, transfer statement, and deposit certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) around February 2020, the Defendant, by deceiving the victims of the baby who were imminent at the time of the outbreak of the Macro-ro or 19 infection.