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(영문) 인천지방법원 2020.12.10 2020고단5433

사기등

Text

A defendant shall be punished by imprisonment for not less than eight 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

Around February 15, 2020, the Defendant puts a letter to the effect that “The sale of third party Nowon-gu, Incheon Metropolitan City’s C Hotel D,” and falsely reads that “the sale of third party Nowon-gu,” in the Internet site E, would sell Nowon-gu, if the Defendant sent money to the account known to the victim F.”

However, even if the defendant receives the price from the victim, he did not have the intention or ability to sell the Nowon-gu.

Nevertheless, the Defendant received KRW 190,000 from the victim’s account in the name of H bank (I) designated by the Defendant, and from that time, by deceiving the victims three times in total as shown in the attached Table 1 Crimes List, and received KRW 336,000 in total from that time.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Around April 1, 2020, the Defendant posted a false statement to the effect that “The sales of Aphonexs” is made on the Internet used goods transaction website E, and that “the Defendant would send Handphones to the victim J who made the contact by depositing KRW 150,000 to the account to be known.” The Defendant made a false statement to the effect that “the Defendant would send Handphones to the account to be known”.

However, even if the defendant receives the mobile phone payment from the victim, he did not have the intention or ability to send the mobile phone.

As above, the Defendant, by deceiving the victim as above, received KRW 150,000 from the victim to the K Association account (L) under the name of the Defendant, from that time to April 3, 2020, by deceiving three victims on a total of three occasions, as shown in the separate crime list as shown in the separate crime list No. 2, and acquired them by deceiving three victims from the victims.

around May 15, 2020, the Defendant posted a letter "sale of Aphone X" on the Internet E within the Nam-gu Incheon Metropolitan City, the Internet around May 15, 2020, and reported it.