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(영문) 의정부지방법원 2021.02.15 2020고단3581

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 21, 2018, the Defendant was sentenced to eight months of imprisonment for criminal fraud at the District Court of Jung-gu, which became final and conclusive on February 27, 2019.

[Criminal facts] The Defendant is a person who operated an Internet shopping mall that sells non-identical household items under the trade name of “B.”

On May 15, 2018, at the above shopping mall office located in Namyang-si, Namyang-si, and No. D, the Defendant posted a notice to the effect that “the person who entrusts with the shopping mall site” sells “the person who entrusts with the shopping mall site” to E, which is a site of the said shopping mall site, and then sent the said article to the victim F, “74,90 won and deliver the said article on the face of the week.”

The victim F had the victim F purchase the said goods by accessing B’s website (G) by making a false statement.

However, in fact, from around February 28, 2018, the Defendant had a 10-class credit rating from around February 28, 2018. At the time, the Defendant had no intention or ability to sell the said goods even if he received the price of the goods from the injured party because there was a financial difficulty in the amount of KRW 20 million for personal debt and KRW 30 million.

The defendant received 74,900 won from the victim's bank account (I) in the name of the company bank account (I) in the same day from the victim, and received 15,480,700 won in total from the victims over 84 times from November 17, 2018, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each written appeal and each written statement;

1. Each transfer confirmation document, a Brobro, a text message, a record of receipt of text messages, a record of receipt and delivery of text messages, a transaction statement, a transaction statement, a check of transfer, a written request for deposit without passbook, a copy of a check of transfer, a statement of purchase, such as a screen, a written statement of transfer, etc., each transfer confirmation document and written statement, each sale notice, written statement, written statement of purchase, each transfer confirmation document, each statement of purchase, each statement of purchase, each written statement of purchase, and each cyber crime report;