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(영문) 대구지방법원 포항지원 2019.08.29 2018고단1646

사기등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 4, 2018, the Defendant posted a sales letter stating that “(100,000 won) 10,000 won and 450,000 won will be sent to the victim E who reported and contacted the sales letter at the office of the Dispute Resolution Co., Ltd., located in Yong-gu, Nam-gu, Seoul, and with cellular phone, access to the Internet Dkbook, and sell 10,000 won and 10,000 won will be sold.”

However, as the defendant did not have the above merchandise coupons, even if he received money from the victim, he did not have an intention or ability to send merchandise coupons to the victim.

The Defendant, by deceiving the victim as above, received 450,000 won from the victim’s account under the name of the Defendant to the account of community credit cooperatives in the name of the Defendant, from that time, and received from November 24, 2018 the total sum of KRW 1,398,00 in the name of sales proceeds of goods ten times in total, as shown in the attached Table 1 of Crimes List from November 24, 2018.

On November 15, 2018, the Defendant posted a letter “C” office located in Nam-gu B at the port of port on November 15, 2018, and posted it to the effect that “G pop-up shop” will send G 1,500,000 won, which is virtual currency, to the victim F.

However, since the defendant did not have G, even if he received money from the victim, he did not have the intention or ability to send G to the victim.

As above, the Defendant, by deceiving the victim as above, received 495,000 won from the victim’s bank account in the name of the Defendant from the victim to the Defendant’s bank account, and thereafter, received from that time the total amount of KRW 4,803,100 as the sales proceeds of goods over 23 occasions from January 8, 2019, as shown in attached Table 2 of Crimes List 2, from that time.

[2019 Highest 252] The Defendant: (a) around December 21, 2018 at the office of “C” located in Nam-gu, Nam-gu, Nam-si; and (b) 870,000 won of virtual currency (G) where he/she has made a prior payment to the victim H using F seeding banks.