(영문) 수원지방법원 2019.10.15 2019고단3834

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(영문) 수원지방법원 2019.10.15 2019고단3834

사기

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A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant is an applicant for compensation of KRW 160,000 and the defendant is an applicant for compensation.

Reasons

Punishment of the crime

1. On February 17, 2019, the Defendant posted a letter stating that “On the part of the Defendant’s mobile phone located in Osan-si, the Defendant will connect the Defendant’s mobile phone to K to the Internet used goods transaction site “K” and sell capital-to-door cameras” at Osan-si’s trade name. On the part of the victim who reported and contacted the writing posted by the Defendant, the Defendant sent the word “to send 7.50,000 won to Kameras on the first page of the transfer.”

However, in fact, the defendant was thought to use the above writing for gambling money from many persons who reported and contacted with the above writing, and even if he received the money from the victim, he did not have the intention or ability to send the money to the victim by door-to-door.

Nevertheless, on February 20, 2019, the Defendant received 750,000 won from the victim’s account (N) around February 20, 2019 from the victim, and received 22,673,00 won in total from the victims through the same method over 106 times from July 1, 2019, as shown in the attached crime list, from around July 1, 2019.

The attached list of crimes, attached to the indictment, states the amount of damage No. 88 as "104,00 won" but in light of the investigation record, it is clear that it is a clerical error of "45,00 won" and also does not seem to be disadvantageous to the defendant's exercise of his/her right to defense. Thus, this part of the crime is corrected ex officio as above, and the total amount of damage is corrected from "22,732,00 won" to "2,673,000 won."

2. On June 29, 2019, the Defendant: (a) visited the Internet’s trading site for used goods at an off-site site; and (b) sent the cost of the goods to the victimO on a selective basis; (c) sent the cost of the goods to the victimO by accessing the Internet’s trading site for used goods at an off-site site; and (d) sent the cost of the goods.

However, the facts did not have the above parts.

유사 판례

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