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(영문) 부산지방법원 2020.04.23 2019고단6092
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 600,000 won to B who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On June 27, 2018, the Defendant posted a false statement on the CD website stating that “The two household members will sell the 10.5 Round 10.5 Round 64G 600,000 won,” and the Defendant sent the 600,000 won to the victim B who contacted with the report, when sending the 600,000 won as the price for goods.

However, even if the defendant received money from the victim as the price for goods, he did not have the intention or ability to send the victim a plaque.

As above, the Defendant, by deceiving the victim as above, received 600,000 won from the victim’s account in the name of the Defendant from the victim, and from around that time to September 24, 2019, stated that the sum of the charges in the indictment of KRW 2,540,80 in total from 14 victims by the same method, such as the list of crimes in the attached Table, is “1,940,800 won,” but it is obvious that it is a clerical error in the calculation of “2,540,800 won.”

Even if the above clerical error is corrected without the amendment process, it does not seriously disadvantage the defendant's exercise of his/her right to defense, it shall be corrected ex officio.

(2) The remittance was transferred and acquired by fraud.

On May 24, 2018, the Defendant: (a) on May 24, 2018, the Defendant advertised the Defendant’s residence located in the Dong-gu, Busan, Busan, through the Internet to the effect that “The Victim (State) who is engaged in the Internet subscription-related business, shall immediately pay KRW 4.60,000 in cash with the customer thickness when subscribed to H’s Internet and TV combined goods with a three-year agreement; and (b) called the Defendant to contact employees belonging to the victim’s company with the phone calls to the said “Internet and TV combined goods”; and (c) made a false statement as if the Defendant were to pay the victim the user fee for the Internet and TV.”

However, the defendant is economically difficult at that time.

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