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(영문) 서울남부지방법원 2020.04.22 2019고단5266
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2019, the Defendant was sentenced to a suspended sentence of six months in Seoul Southern District Court for larceny, and the said judgment became final and conclusive on September 7, 2019.

【Criminal Facts】

In fact, the Defendant posted a false statement to the effect that he sells computer parts on a medium-sized product sales site with no intent or capacity to sell computer parts, and believed it as a fact, and attempted to acquire it by deceiving the person who believed it to have contact with him by means of such false statement.

1. On February 3, 2019, the Defendant posted a notice to the effect that the victim B sells computer parts (CPU - i5 7500) to KRW 135,000 on the “C” bulletin board of the smartphone “C” bulletin board.

However, the defendant did not have any intention or ability to sell money even if he receives money from the victim because he did not possess the above parts.

The Defendant, by deceiving the victim as above, was transferred KRW 135,00 from the victim’s account in the name of the Defendant to the Kakao Bank (D).

2. Around February 15, 2019, the Defendant posted a notice to the effect that the Defendant sold computer parts (CPU - i5 7500) for KRW 140,000 on the F website bulletin board.

However, the defendant did not have any intention or ability to sell money even if he receives money from the victim because he did not possess the above parts.

Around February 18, 2019, the Defendant, by deceiving the victim as above, received KRW 143,000 from the victim to the Kakao Bank Account (G) account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and B;

1. Written confirmation of details of transfer;

1. Data for the closure of a conversation;

1. Previous records: Application of criminal records and investigation reports (Attachment of concurrent judgments under the latter part of Article 37 of the Criminal Act) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;

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