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(영문) 서울중앙지방법원 2020.09.15 2019고단5774

사기

Text

A defendant shall be punished by imprisonment for four 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

The Defendant posted a false statement on the “C” bulletin board, which is a website for trading used goods between B and the Internet, and conspired to obtain money from the victims who reported and contacted the false statement.

After public invitation with B, the Defendant posted a letter “C” on the bulletin board stating “C shall have KRW 100,000 per unit store store 80,000,000 per unit store 80,000,000,000 won per unit store 80,000,000 won per unit store,” and the Defendant falsely stated that “B shall send the current department store 10,000 won per unit store 10,000 won per unit store to the victim D who reported and contacted with B.”

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

The Defendant and B, as such, by deceiving the victim, received KRW 80,000 from the victim via the F Bank account (Account Number: G) in the name of E, and received KRW 350,000,000 in total from the victim, from around that time to April 11, 2018 in the same manner, as indicated in the separate list of crimes.

Accordingly, the defendant was provided property by deceiving the victims in collusion with B.

Summary of Evidence

1. Part of the legal statement in B;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and H;

1. Each statement of I, J, K, L, M, E, and N;

1. Details of reports by J on cyber crimes;

1. Each written petition;

1. Receipt, Messen dialogue, statement of remittance, statement of account transaction, details of each C reply, results of the mobile phone subscribers inquiry, and results of transfer;

1. Data, such as CCTV photographs;

1. Each internal investigation report, investigation report, and the application of statutes governing accompanying materials;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.