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(영문) 서울남부지방법원 2020.02.11 2019고단4216
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019고단4216] 피고인은 2019. 7. 15. 서울 강서구 B, C호에 있는 주거지에서 D 인터넷 사이트에 접속하여 “나이키 조던스캇 운동화를 판매한다”라는 취지의 글을 게시하고, 이를 보고 연락한 피해자 E에게 “돈을 송금해주면 운동화를 보내주겠다”라고 거짓말하였다.

However, in fact, the Defendant did not hold the above physicalization and was thought to cease to communicate with the victim after receiving the money from the victim. Therefore, even if receiving the money from the victim, there was no intention or ability to deliver the said physicalization to the victim.

The Defendant, by deceiving the victim as above, received KRW 1,504,00 from the victim to the corporate bank account (F) in the name of the Defendant on the same day, and received KRW 5,864,00 in total four times from the victims in the same manner as shown in the attached Table 1 of Crimes, as shown in the attached Table 1.

[2019 Highest 4722] On July 22, 2019, the Defendant made a false statement that he/she sold clothes to Internet G carpet D in a PC room where the trade name in Gangseo-gu Seoul Metropolitan Government is unknown. The Defendant reported the false statement to the victim H who visited him/her, stating that “When sending money, he/she would send ombudsman’s clothes.”

However, in fact, the defendant did not have the above clothes and expressed his intention to obtain money from the victim.

The Defendant received 604,00 won from the account of community credit cooperatives (number I) in the name of the Defendant on the same day from the victim, and acquired 4,863,00 won in total by the same method four times on the same day as shown in attached Table 2 of Crimes List 2.

[2019 Highest 5075]

1. The criminal defendant against the victim J on August 5, 2019, at the PC room where it is impossible to identify the trade name located near the Gangseo-gu Seoul Metropolitan Government Darsan Station, the defendant made it impossible to identify the trade name in the Internet G carpet D.

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