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(영문) 서울북부지방법원 2020.08.14 2020고단1976
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[2076] On July 30, 2019, the Defendant, at around 15:00, made a false statement to the victim AF, who had contacted by preparing a notice stating that “galthalthal jus jus jus jus jus jus jus jus jus jus jus jus jus jus jus jus jus jus jus 80,00 won.”

However, the defendant did not have any intention or ability to sell earphones.

The Defendant, as above, by deceiving the victim, received 80,000 won from the victim’s account in the name of the Defendant at around 18:10 on July 30, 2019.

[200 Highest 2050] On August 22, 2019, the Defendant sent the Kakakao Stockholm message to the victim AG mobile phone on August 13, 2019, and falsely stated that “A traffic accident took place to a certain extent. It is necessary to reach an agreement.” If the Defendant borrowed KRW 1.5 million from the surrounding area, he/she shall use it as an agreed amount, and he/she shall pay it immediately when he/she was listed in Seoul.”

However, the Defendant did not have any traffic accident at the time. However, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money as agreed to by the victim, even if he/she borrowed money from the victim.

Around August 23, 2019, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the F bank account (G) account in the name of the Defendant on the pretext of traffic accident agreement, and received a total of KRW 500,000,000 from the following account, such as remittance of KRW 500,000 from the same account.

Summary of Evidence

[200 Highest 1976]

1. Defendant's legal statement;

1. The application of statutes governing text messages, garbage delivery photographs, and transfer records (2020 order 2050) to the defendant's legal statement to AG, the investigation report and the attachment of credit information inquiry documents, the investigation report (personal information specific as a suspect), the output data of the Kakao Stockholm conversation, and the details of transactions;

1. Criminal facts;

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