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(영문) 의정부지방법원 2019.06.26 2019고단157
사기
Text

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

around September 7, 2018, the Defendant stated to the effect that “The Defendant would sell contact diskettes listed by the Defendant on the InternetVW Kapet bulletin board at the home of the Defendant of T apartment U in Dong Ycheon-si, Dongbcheon-si, 2018,” and that “the Defendant would send contact diskettes to the victim X who has contacted with the Defendant first, without the mold, if he transfers the price.”

However, the facts did not possess the goods, and there was no intention or ability to deliver the goods at a different time.

As above, the Defendant, by deceiving the victim X, received KRW 460,00 from the victim X to the Defendant’s Y bank account as the price for the goods on September 7, 2018, and received KRW 460,000 from that time to November 9, 2018 by the same method as the attached crime list, and received KRW 32,393,00 in total as the price for the goods from 32 victims to the above account, respectively.

On October 21, 2018, the Defendant reported that “The Z support salary will be sold in VW car page.” On October 21, 2018, the Defendant made a false statement to the victim A, who had contacted the victim A, stating that “on the first hand, he will send the Z support salary to home.”

However, the defendant did not have any intention or ability to send the support salary even if he receives the payment because he did not have a support salary.

The Defendant received 10,000 won from the victim’s account in the name of the Defendant (AB) on the same day.

On December 14, 2018, the Defendant reported the victim AC’s writing that he/she would purchase a tea with access to the Internet mail, and made a false statement to the effect that “the first remittance of the price will be made by sending it to door-to-door.”

However, in fact, the defendant did not have a multilateral contractual right and did not have an intent to send multiple contractual right even if he receives the payment.

The defendant belongs to this.

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