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(영문) 대전지방법원 2019.11.21 2019고단3914
사기
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A defendant shall be punished by imprisonment for a month.

Reasons

Punishment of the crime

[Criminal Justice] On January 20, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court, and completed the enforcement of the said sentence on May 10, 2018.

【Criminal Facts】

1. On December 11, 2018, the Defendant: (a) reported and contacted the victim AV, who called “Sales of G Cows”, to deliver the money to door-to door-to door-to-door sales; (b) however, the Defendant did not have any intent or ability to send the goods even if he/she received money from the victim because the Defendant did not possess the goods; (c) there was no intention or ability to send the goods.

The Defendant received 250,000 won from the victim via BB bank account (BC) around December 11, 2018.

2. Around January 31, 2019, the Defendant reported and contacted the text “G agency purchase.” to the victim BE who sent the G cot price to the E. BE, but the Defendant did not have the intent or ability to send the goods even if he received money from the victim because the Defendant did not possess the sold goods.

The Defendant received KRW 450,00 from the victim at around January 31, 2019, a transfer of KRW 450,000 from BF’s account (BH).

3. On February 3, 2019, the Defendant reported the phrase “BJco” posted on the Internet BI set up to the victim AW who called “BJco,” and called “to send the price to the first place.” However, the Defendant did not have any intent or ability to send the goods even if he/she receives money from the victim because he/she did not possess the sold goods.

around February 3, 2019, the Defendant received KRW 150,000 from the victim to A Q account (BK) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of each police interrogation protocol against the accused;

1. Each police statement made to BL, BM, and BA;

1. The written statement of the defendant;

1. Each petition of BE, AV, and W, and

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