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(영문) 대구지방법원 2020.01.30 2019고단5243
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be 140,00 won and 140,000 won to the applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On April 3, 2018, the Defendant was sentenced to one year and two months of imprisonment for fraud in the Daegu District Court Kimcheon Branch, and completed the execution of the sentence in the Daegu Detention House on June 20, 2019.

[2019 Highest 5243] Around July 29, 2019, the Defendant posted a notice on the Defendant’s mobile phone in the Defendant’s residence located in the Gu and Si, stating that he/she sells a bar book using the Defendant’s mobile phone on the “M” bulletin board, which is an Internet site, and the Defendant reported and contacted the notice that “on the transfer of the price, he/she will send the ticket as a registration.”

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

Around 09:11 on the same day, the Defendant, by deceiving the victim as such, received KRW 900,000 from the NF account (Account Number:O) in the name of the Defendant, from September 29, 2019, by deceiving the victims as shown in the attached Table 1, and then transferred KRW 9,427,000 in total over 34 times from the victims.

[2019 Highest 5692] On September 6, 2019, the Defendant posted a false statement to the effect that, from the Defendant’s house located in Q apartment Rdong P in the Gu, Q apartment to a cell phone, the Defendant sent a cell phone to M and then sold galthal jus, and reported the above writing to the victim S who contacted with the Defendant.

However, the defendant did not have the goods posted on the bulletin board, and even if he received money from the victim S, he did not have the intention or ability to send the goods to the home.

In this context, the Defendant received 110,000 won from the victim S to the Tbank account in the name of the Defendant, as well as attached Table 2. from that time until October 2, 2019.

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