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(영문) 울산지방법원 2019.07.18 2019고단1340
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Around October 17, 2018, the Defendant reported a notice stating that “I will purchase Aphone Slphone Slphones” posted by the victim C by accessing the Internet B at a place that is not known to the Defendant on October 17, 2018, and made a false statement to the effect that “I will send Elphone Sv88 if I will send the price.”

However, since the defendant did not possess the microphone SV88, the defendant did not have the intent or ability to deliver the price even if he received the price from the victim.

The Defendant received KRW 80,00 from the victim as the price for the goods, and received KRW 28,33,50 from the victims in total 106 times from around that time to April 4, 2019 as indicated in the list of crimes in the attached Table, as well as from the transfer of KRW 80,00 from the victim to the D bank E account under the name of the Defendant.

Accordingly, the defendant was provided property by deceiving the victims.

Around March 24, 2019, the Defendant posted a letter “I sell the main body of a computer” on the Internet “GPC bank” located in Ulsan-gu, Ulsan-gu, U.S., and made a false statement to “I would send the main body of the computer if I would send the main body of the computer if I would send the main body of the computer.”

However, since the defendant did not own the body of the computer, there was no intention or ability to deliver the body even if he receives the price from the victim.

The Defendant received KRW 350,00 from the victim’s company bank J account in the name of the Defendant as the sale proceeds of the computer, and received KRW 1,133,00 in total four times from around that time to April 6, 2019 by the same method as in the list of crimes in the attached Form.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

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