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(영문) 의정부지방법원 2019.08.30 2019고단2135
사기
Text

A defendant shall be punished by imprisonment for six 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

At around 11:55 on December 3, 2018, the Defendant made a false statement to the effect that “I will send a sports movement when you deposit money” by visiting the victim’s notice posted on the Internet C bulletin board by the victim B.

However, the defendant did not possess the goods, and even if he received the payment from the victim, he did not have the intention or ability to sell the goods.

As above, the Defendant, by deceiving the victim, received KRW 330,00 from the victim to the E account in the name of D (F) and received KRW 330,00 from the victim for the sale price of physicalization from the victim, from that time until December 17, 2018, and received KRW 12,929,000 in total over 35 times, as described in the attached crime list, from that time.

On November 18, 2018, the Defendant “2019 Highest 2243” reported the victim G on the Internet bulletin board, and made a false statement to “to send a sports movement on deposit with the victim KRW 8,90,000,000,000.”

However, the defendant did not have the above movement, and even if he received money from the victim, he did not have the intent to sell the goods and ability to sell the goods.

Ultimately, the Defendant, by deceiving the victim as above, received 890,00 won from the victim to the corporate bank account in the name of D on the same day.

Summary of Evidence

"2019 Highest 2135"

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect regarding D;

1. Each petition and statement of the victims;

1. A certificate of confirmation and a list of transactions;

1. Posting photographs of each goods and details of conversations;

1. A written confirmation on the details of use of each service and details of transfer;

1. Details of each E reply (customer comprehensive information inquiry, details of transactions);

1. Investigation reports (verification and attachment of details of transactions of withdrawn);

1. Details of transactions of entry into and departure from E accounts;

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