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(영문) 대전지방법원 2020.10.15 2020고단1417
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 510,000 won to B who made an application for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On October 23, 2019, the Defendant prepared a notice stating that “Aphone8 is sold” with access to the Internet intermediate trading site E at the Daejeon Dong-gu, Daejeon, and the Defendant’s residence, which reads that “on deposit with money, will be sent at first.”

However, since the defendant did not have opphone8, even if he received money from the victim, he did not have the intention or ability to send the above goods to the victim.

Nevertheless, the Defendant received KRW 350,000 from the victim’s account in the name of the Defendant on the same day from the victim, and received KRW 3,550,000 in total from around that day to December 31, 2019 by the same method as indicated in the separate crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, H, I, J, K, L, M and N;

1. Each deposit statement and application of statutes on the contents of each conversation;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, and Article 347(1) of the Criminal Act, of the choice of

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders;

1. It shall be so decided as per Disposition on the grounds of not less than Article 31 (3) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings for Declaration

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