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(영문) 의정부지방법원 2020.04.02 2019고정260
사기
Text

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

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

Reasons

Punishment of the crime

1. On July 21, 2018, the Defendant posted a notice on the “B” bulletin board, a website for transactions of used goods on the Internet, and made a false statement to the effect that “The Defendant would deliver goods to the victim C, who reported and contacted the above writing first.”

However, not only the Defendant did not possess goods but also was planned to use goods only for personal purposes, such as living expenses, by receiving the price from the victim, and thus there was no intention or ability to deliver the goods even if the price is paid by the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received 35,000 won from the victim to the national bank account in the name of the defendant on the same day as the money.

2. On July 21, 2018, the Defendant posted a notice to the effect that “B sells mobilephones” on the bulletin board of “B”, which is an Internet used goods transaction site, at the site of the Internet, and made a false statement to the effect that “First of all, the Defendant will deliver the goods to the victim D who reported and contacted the above writing.”

However, the defendant did not have the intention or ability to deliver the goods even if he received the price from the victim as described in Paragraph 1.

Nevertheless, the Defendant, as above, by deceiving the victim, received 45,000 won from the victim to the national bank account in the name of the defendant on the same day as the money.

3. On July 25, 2018, the Defendant posted a notice to the effect that “B sells mobilephones” on the bulletin board of “B,” which is an Internet used goods transaction site, and made a false statement to the effect that “the victim E who reported and contacted the above writing will deliver the first price to the victim E who sent it.”

However, the defendant is the victim as described in paragraph (1).

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