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수원지방법원 여주지원 2020.07.24 2020고단267
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2019, the Defendant posted a false statement stating that “AphoneSE will be sold at KRW 130,000,000,000,000,000,000,000,0000,000,0000,0000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000

However, the defendant only posted the above article for the purpose of raising living expenses, and did not actually have the intention or ability to sell the above article.

Nevertheless, as above, the Defendant, by deceiving the victim, obtained KRW 130,00 from the victim’s corporate bank account under the name of the Defendant, and acquired it by deception, and by deceiving the victim totaling KRW 5,190,00 from July 26, 2019 to December 23, 2019.

Around October 1, 2019, the Defendant posted a false statement stating that “AphoneSE mobile phone is sold to KRW 153,000,” by accessing Internet K K mpK using a mobile phone and selling one of “AphoneSE mobile phone” to KRW 153,000,” and that “Aphone mobile phone is sent to the victim L using the aforementioned mpherical function.”

However, the defendant did not have the above mobile phone and thought that he would use the money received from the victim for the cost of living, so even if the victim sent the money, he did not have the intention or ability to sell the above mobile phone.

As above, the Defendant, by deceiving the victim, received KRW 174,00 from the victim to a bank account (O) in the name of M designated by the Defendant as the purchase price for mobile phones around October 1, 2019, and received KRW 490,500 in total on three occasions from around that time to April of the same month in the same manner as the list of crimes in the attached Table.

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