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(영문) 창원지방법원 2020.02.12 2019고단2623
사기
Text

A defendant shall be punished by imprisonment for one year.

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 June 21, 2019, the Defendant posted a false statement to the effect that “Aphone8 mobile phones will be sold” by accessing “F” at the Defendant’s home located in Kimhae-si, Kimhae-si, and that “Aphone8 mobile phone will be sent to the victim G who reported and contacted the above writing.”

However, in fact, the defendant did not possess a mobile phone to be delivered to the victim at the time and was thought to use the money received from the victim for the purpose of living expenses, etc. so there was no intention or ability to deliver goods even if he received money from the victim

Nevertheless, the Defendant, by deceiving the victim as above, received 310,000 won from the victim to the Hbank account (Account Number: I) in the name of the Defendant on the same day as the price for the goods on the same day, and acquired it by deceiving the victim, as shown in the attached list of crimes, and acquired the total amount of KRW 1,0610,000 from the victims over 32 times from that to July 1, 2019.

around June 18, 2019, the Defendant posted a false statement to the effect that “Aphone 8 Popon phone is sold” by accessing the Internet goods transaction site at the Defendant’s home located in Kimhae-si, Kimhae-si to “J”, and that “Aphone 8 Popon phone is sent to the victim K who reported and contacted the above writing.”

However, in fact, the defendant did not possess a mobile phone to be delivered to the victim at the time and was thought to use the money received from the victim for the purpose of living expenses, etc. so there was no intention or ability to deliver goods even if he received money from the victim

Nevertheless, the Defendant, by deceiving the victim as above, received 364,000 won from the corporate bank account (Account Number: L) in the name of the defendant as the price for the goods on the same day from the victim and acquired it by fraud.

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