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(영문) 수원지방법원 2019.07.25 2018고단5251
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 2960,000 won to D who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On March 6, 2017, the Defendant sent a false statement to the victim H who reported and contacted the above writing to the effect that “I will send merchandise coupons at a discounted price on the face of transfer of money,” after accessing the Internet G site using smartphones at the Defendant’s house located in the building E and F, and at the Defendant’s house, “I will send merchandise coupons at a discounted price on the face of transfer of money.”

However, at the time of fact, the Defendant did not have gift certificates, used part of the money received from the victim as his/her daily living expenses, etc., and used the money transferred by the victims in the manner of a tentatively named “fluoring” by purchasing and sending part of the money received from another victims, and thus, there was no intention or ability to send the gift certificates normally to the victim even if he/she received money from the victim.

From March 6, 2018 to November 21, 2018, the Defendant, by deceiving the victims as such, received total of KRW 21,180,000 from the victims in the same manner as indicated in the attached crime list from around June 2, 2018, and acquired total of KRW 222,00,000 from the victims as the price for goods from November 21, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to I and H;

1. Each petition of J, K, L, M, N, D,O, P, Q, R, T, U, B, and V;

1. W, L, M, N, X, Y, D, Z, P, Q, Q, J, R, C, T, T, U, and V written statements;

1. Details of transactions, receipts, and respective transfer certificates (the Nos. 1 and 3) of the evidence list (hereinafter referred to as “nets”);

) 5, 45), each written confirmation of transfer transactions (number 12, 24, 97), each one’s financial transaction (e.g., withdrawals) (e. 14, 80, 142), each certificate (e.g. 22, 25, 96), liquidity trading table;

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