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(영문) 의정부지방법원 2019.09.17 2019고단527
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On May 17, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court. On October 13, 2017, the Defendant was sentenced to two months of imprisonment with prison labor for larceny in the same court. On April 9, 2018, the Defendant completed the execution of each of the above punishment in the Busan Detention House.

【Criminal Facts】

around October 28, 2018, the Defendant, “2019 Man-Ma527,” stating that the Defendant, despite having no intention or capacity to sell the spread, did not know that he/she would purchase a new overseas trading store posted by the victim D on the Internet C website and would sell it to the victim, and received KRW 110,000 from the victim to the E bank account (F) in the name of the Defendant on the same day, and received KRW 29 victims from October 22, 2018 to January 11, 2019, respectively, by deceiving the victims of total amount of 29 victims as described in the separate crime list from around October 22, 2018 to receive KRW 3,81,000 in total from the victims.

Around June 23, 2018, the Defendant: (a) written a notice stating that he/she would sell a total of 8 victims by means as described above; (b) by falsely stating that he/she would sell an article that he/she would have promised if he/she would first send the purchase price to the victim G who reported and contacted the fact that he/she would have received KRW 75,00 from the victim to the He/she bank account (I) in the name of the Defendant on the same day; and (c) from June 19, 2018 to September 30, 2018, the Defendant deceivingd the total of 760,000 victims by means as described in the attached Table 2 of Crimes List from the victims to September 30, 2018; and (d) by receiving KRW 760,000 from the victims.

Around October 29, 2018, the Defendant posted a notice stating that “I will sell electronic music instruments,” although I do not have any intention or ability to sell things, I will sell them.”

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