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(영문) 서울서부지방법원 2020.09.16 2020고단537
사기
Text

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

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

On January 17, 2019, the Defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court, and was released as a ruling of revocation of detention on April 2, 2019 and completed the execution of the sentence after the ruling became final and conclusive on June 19, 2019.

Around October 4, 2019, the Defendant posted a false letter stating that “one Starbucks gift certificates shall be sold” by accessing F, an Internet portal site, from the Internet portal site, in Gyeyang-gu, Incheon, Gyeyang-gu, and E (hereinafter referred to as “the Defendant’s house”) (hereinafter referred to as “the Defendant’s house”) which is the Defendant’s office, and when remitting KRW 50,000 to G, who reported and contacted the above writing, the Defendant sent KRW 50,000 to 50,000.

However, the Defendant did not have the intent or ability to send Lone Starbucks gift certificates even if he received the payment from the victim because he did not hold the buckbucks gift certificates.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 50,000 won from the victim to the H bank account under the name of the Defendant on the same day, and acquired 6,387,900 won through 27 times from that time to December 26, 2019, as shown in the attached Table 1.

[200 Highest 795]

1. On October 25, 2019, at the Defendant’s office around 23:30 on October 25, 2019, the Defendant posted a notice to the effect that “one Starbucks gift certificates are sold by visiting the Internet portal site F,” and that “one Starbucks gift certificates are sold by visiting the Internet portal site,” and that the victim who reported and contacted the above writing would have sold Costbucks gift certificates.

However, even if the Defendant did not hold a buckbucks gift certificate and received the payment from the victim, the Defendant did not have the intent or ability to send the buckbucks gift certificates.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so, at around 12:02 on October 26, 2019, K Bank under the name of J as the price for goods.

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