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(영문) 울산지방법원 2020.07.24 2019고단5340

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

"2019 Highest 5340"

1. On September 17, 2019, the Defendant posted a false statement to the effect that he would sell the Defendant’s Facebook by accessing the Defendant’s Facebook account using a mobile phone at the remote area of Ulsan Jung-gu (hereinafter referred to as Ulsan-gu). The Defendant reported and sent a false statement to the victim G who visited him that “I would send the goods upon deposit of the price of the goods.”

However, in fact, the defendant was thought to use money from the victim as food expenses or PC use fees, etc., and there was no intention or ability to deliver the above wall to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 160,000 won from the HUnion account (I) in the name of the Defendant from the victim to November 14, 2019, as well as from that time the Defendant received 160,000 won from the victim.

1. The victims were informed of the victims in the same manner as the list of crimes, and the victims were delivered KRW 4,233,00 in total over 13 times.

[200 Highest 453]

2. On November 18, 2019, the Defendant posted a notice to the effect that he/she sells “Aphone 111 pro” on the bulletin board of “K” using a computer at the place of residence in Ulsan-gu, Ulsan-gu, U.S.J, and made a false statement to the effect that he/she would send money to the victim having contacted L who sent money.

However, in fact, the defendant did not have any object from the beginning, and when he received money from the victim, he thought that he would use it for living expenses, and there was no intention or ability to send the object even if he received money from the victim.

After all, the Defendant, as above, deceiving the Victim L and received 600,000 won from the victim L to the Nbank account in M on the same day.

2. As indicated in the list of crimes, from around that time to December 22, 2019, the victim acquired a total of KRW 5,097,000 against 11 victims by the aforesaid means.

"200 Highest 651"

3. The Defendant on January 2, 2019