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(영문) 인천지방법원 2020.11.26 2020고단337
사기등
Text

The crimes of the Incheon District Court 2020 Godan946, which held the defendant, shall be punished by imprisonment with prison labor for two months and the rest of the judgment.

Reasons

Punishment of the crime

[Criminal Power] On June 29, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for special robbery in the Ansan District Court’s Ansan Branch, etc., and completed the execution of the sentence on January 6, 2012. On August 12, 2015, the Incheon District Court sentenced the Defendant to six months of imprisonment with prison labor for larceny and two years of suspended execution, and the said judgment became final and conclusive on August 20, 2015.

【Criminal Facts】

Around July 17, 2019, the Defendant posted a false statement that “the sale of galthal juthal juthal juthal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal justal

However, in fact, the defendant did not have the above gallon, and was planned to use it as living expenses, etc. even if he received the purchase price from the victim, and therefore did not have the intention or ability to sell the gallon, and he received 190,000 won from the victim to the H bank account in the name of the defendant on the same day, and acquired it by means of the above 17 times in total, as shown in the attached Table 1, from November 25 of the same year, and acquired 2,565,00 won from the victims through the above method from November 25 of the same year.

around December 12, 2019, the Defendant stated that “The victim K will send the traffic card first to deposit the money,” after accessing F by using a mobile phone, and preparing a traffic card sales notice to the victim K who contacted F, at the location of the building of Nam-gu Incheon Metropolitan City and the Defendant’s residence under J, and the victim K.

However, since the defendant did not have a traffic card, even if he receives a payment from the victim, he was thought to consume it due to living expenses, etc. and did not have the intention or ability to issue the traffic card to the victim.

As above, the defendant deceivings the victim and belongs to this time from the victim.

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