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(영문) 광주지방법원 목포지원 2020.03.27 2019고단452
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around January 6, 2019, the Defendant posted a letter stating that he/she sold coo pressures to B Kaf, six persons, and falsely concluded that he/she would transfer the price of goods to C by transferring the price of goods to the victim C.

However, there was no intention or ability to send money even if the defendant receives the money from the victim because he does not have a right to definction with the pressure.

The defendant acquired 90,000 won from the victim to the D account (E) in the name of the defendant on the same day.

"2019 Highest 685"

1. The Defendant, on March 2, 2019, posted a notice stating that he/she sells a mobile phone (opphone 8 fluor) while having no intention or ability to sell a mobile phone, and received a transfer of KRW 2.50,000 from the victim F to the company bank account (G) in the name of the Defendant, as the price for selling goods on the same day.

2. 피고인은 2019. 3. 18. 인터넷 중고거래 사이트인 B카페에 접속해 사실은 에어팟을 판매할 의사나 능력이 없음에도 에어팟을 판매한다는 글을 게시하여 이에 속은 피해자 H로부터 같은 날 물품 판매 대금 명목으로 피고인 명의의 기업은행 계좌(G)로 10만 원을 송금 받았다.

Summary of Evidence

"2019 Highest 452"

1. A protocol concerning the police interrogation of the accused;

1. A written petition, a written statement, a certificate of remittance, and a statement of account opened "2019 order685";

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to written statements, written statements, various hostings and conversations and to written confirmations on the use of services;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant committed an act of fraud while on the Internet with a fine of KRW 500,000 in 2017; (b) the fine of KRW 3 million in 2019; and (c) KRW 3 million in 15 million.

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