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(영문) 부산지방법원 2020.08.21 2020고단1558

사기

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

"200 Highest 1558"

1. On August 5, 2019, the Defendant, at a place where the location of August 5, 2019 is unknown, sent a false statement to the victim C’s notice to the effect that “purchase of a merchandise coupon” was made by accessing the Internet DCC “E” in a place where it is difficult to identify, and that “The Defendant,” in contact with the victim, issued a false statement to the effect that “The Home PPS mobile merchandise coupon in an amount equivalent to KRW 750,000, KRW 300,000, KRW 240,000, respectively, will sell the Home PP mobile merchandise coupon in an amount of KRW 750,00.

However, the Defendant had no intention or ability to sell a normally usable mobile product ticket even if the Defendant received the price from the victim because the Defendant had already been in possession of only the mobile product right that is no longer usable in a normal way due to the completion of use.

The Defendant, by deceiving the victim as above, received KRW 840,00 in total from the victim, around 17:32 on the same day, around 600,000 on the same day, and around 17:50 on the same day, KRW 240,00 in F’s account account in F.

2. On August 13, 2019, the Defendant, on August 13, 2019, sent a false statement to the victim B that “the purchase of a gift certificate” by accessing the Internet website “I” to a place where the location is unknown, and that “the purchase of a gift certificate” would sell the home-plug mobile product in KRW 890,000,000,” in contact with the victim.

However, the Defendant had no intention or ability to sell a normally usable mobile product ticket even if the Defendant received the price from the victim because the Defendant had already been in possession of only the mobile product right that is no longer usable in a normal way due to the completion of use.

The Defendant, by deceiving the victim as above, received KRW 890,00 from the victim to the G account in the above F on the same day from around 08:50 on the same day.

3. On August 17, 2019, the Defendant, at a place where the location is unknown on or around August 17, 2019, reconvened with the said victim B, and “insinsinine 3, 200 won merchandise coupons 30,00 won per 30,000 won per unit.”