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(영문) 울산지방법원 2020.11.19 2020고단3781
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant is an applicant for compensation of KRW 100,000, which is obtained by deceit to C who is an applicant for compensation.

Reasons

Punishment of the crime

On February 22, 2019, the Defendant sentenced the Ulsan District Court to imprisonment with prison labor for fraud and one year and six months on April 2, 2020.

Around June 30, 2020, the Defendant reported that “O2 SDAC is purchased, which is a sound equipment,” on the victim’s website, at the Defendant’s residence located in the north-gu building F of Ulsan-gu, Ulsan-gu, Seoul-do, and false statement was made that “O2 SDAC is sold if the Defendant sent money to the victim,” using a mobile phone.

However, there was no intention or ability to sell money even if the defendant received money from the victim because the defendant did not have any goods to sell.

The defendant, from that time, has received 150,000 won from the victim to the J account under the name of the defendant as the sales proceeds of the same day, from that year.

8. Until April 8, 200 won was delivered 2,431,00 won in total over 16 times as shown in the list of crimes in attached Form 1.

"200 Highest 3919"

1. Around July 7, 2020, the Defendant posted a notice to sell camping equipment to the Internet site HKaf, “L” at the Internet site’s residence, and made a false statement to the victim K that he/she would deliver the said article if he/she remitted the price of the said article to the victim K.

However, in fact, the defendant did not possess the above goods and did not plan them, and even if he sold the above goods and received the price, he thought that it will be used for the gambling or living expenses of the defendant, and there was no intention or ability to sell the above goods from the beginning.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 110,000 from the victim to the J account under the name of the Defendant at around 20:08 on the same day.

2. On July 19, 2020, the criminal defendant against the victim M expressed that he/she would sell camping equipment to the “L” above at the above defendant’s residence.

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