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(영문) 광주지방법원 2020.04.22 2019고단4614
사기
Text

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

The defendant shall obtain money from B who is an applicant for compensation 408,900 won and C who is an applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On April 27, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Gwangju District Court for six months, and on August 30, 2018, the same court was sentenced to four months of imprisonment for fraud at the same court on September 7, 2018, which became final and conclusive on September 7, 2018, and the sentence of suspension of execution became null and void, and was released on January 30, 2019 during the execution of the sentence in the Gwangju Prison, and the parole period expired on March 23, 2019.

[2019 Highest 4614] On July 9, 2019, the Defendant, using a mobile phone, connected to the Internet E-site open-holding room and then sent 129,000 won to the victim F, if he/she remitted the amount of KRW 129,00,00 to the victim F.

‘Falsely speaking to the effect that ‘’ was false.

However, even if the defendant received money from the victim, he did not have the intention or ability to send the contact diskettes.

As such, the Defendant, by deceiving the victim, received KRW 129,00 from the victim to the K Bank account (G) in the name of the Defendant on the same day, and acquired KRW 2,05,818 from the time to October 5, 2019 by remitting the total amount of KRW 2,05,818 from the 24 victims, such as the list of crimes in the attached Table from October 5, 2019.

[2019 Highest 5219] On September 20, 2019, the Defendant reported a notice that “to purchase small amount settlement” prepared by the victim B at the Internet E in the Dong-dong Dong-dong Dong-dong, Gwangjubuk-gu, Gwangju, and made a false statement that if deposit KRW 408,90 is made, the Defendant would pay the small amount of payment information usage fee.

However, even if the defendant receives the money from the victim, he did not have the intention or ability to pay the small amount of information usage fee.

The Defendant received 408,900 won from the victim to the K Bank Account (G) in the name of the Defendant from the victim and acquired it by money.

Summary of Evidence

[2019 Highest 4614]

1. Defendant's legal statement;

1. Written complaints, statements, and cybercrime reports;

1. The remittance certificate, the Kakao Stockholm dialogue content, the official receipt, the notice, the page, the page, and the content of the conversation;

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