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(영문) 광주지방법원 순천지원 2018.08.24 2018고단1243
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 29, 2017, the Defendant, “The 2018 Highest 629,” made a false statement to the victim AD who had contacted with the Internet NA in a place where it is not known at around November 29, 2017, stating that “I will send the said goods to the home transfer if I would return money.”

However, the defendant did not have any goods so that he did not have any intention or ability to sell the goods even if he received money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 210,00 from the victim’s bank account (AE) in the name of the Defendant on the same day from the victim, and received KRW 3,025,00 from around that time to December 13, 2017, and acquired KRW 3,000,00 in total as the sales proceeds of goods from the victim 21 as shown in attached Table 1.

On March 12, 2018, the Defendant posted a letter to sell “Catho Mabro” to the “Seman AF” at a place where it is impossible to identify the place of light on March 12, 2018, and said that “AF that reported and contacted KRW 150,000,000 to send the Catro Mabro.”

However, due to the failure of the Defendant to carry a documentary documentary, even if the Defendant received KRW 150,00 from the injured party, he did not have any intention or ability to sell it.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 1,50,00 from the victim on March 13, 2018, a delivery of KRW 1,50,000 from the Defendant’s K Bank Account (AG) to the K Bank Account (AG) under the name of the victim on March 13, 2018; and (c) received from around that time to April 16, 2018, a total of KRW 2,90,000 from the victims under the name of the sales proceeds of goods, as shown in attached Table 2 of the List of Crimes.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. AH.

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