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(영문) 광주지방법원 2020.03.19 2019고단3990
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant is the defrauded money, and the applicant for compensation is 90,000 won and the applicant for compensation.

Reasons

Punishment of the crime

[Attachment to a repeated crime by the Defendant] On April 13, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Suwon District Court for one year and six months, and completed the execution of the sentence on July 17, 2018.

[2019 Highest 3990] On April 11, 2019, the Defendant: (a) reported and contacted the victim I who sold the mobile product right to KRW 50,000,000, posted by the Defendant at F Bana in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City E-M building; and (b) called “The mobile product right will be immediately transmitted if the payment is confirmed.”

However, the defendant did not have a mobile merchandise coupon, so there was no intention or ability to send merchandise coupons even if he received money from the above victim.

Nevertheless, the Defendant, as such, by deceiving the said victim, received KRW 37,00 from the said victim to the K Bank account under the name of the Defendant’s mother J on the same day, from that time, and received KRW 7,000 from that time to September 2, 2019 by pretending to sell merchandise coupons or valuable goods on a total of 63 occasions, as shown in attached Table 1, and acquired KRW 7,037,00 from the victims by forging the sale of merchandise coupons or valuable goods.

[2019 Highest 4322] On April 12, 2019, the Defendant posted a letter stating “H” to “H” on G Kafbook, and told the victim L, who reported and contacted the letter, to the effect that “I will sell three copies of merchandise coupons at KRW 110,000,000.”

However, in fact, the Defendant had no intention or ability to send the gift certificates that the Defendant had already been used and could no longer be used for settlement, even if receiving the said money from the said victim.

Nevertheless, as such, the Defendant, by deceiving the said victim, received 110,000 won from the said victim to the K Bank account under the name of the Defendant’s mother J on the same day, from that time, and thereafter, from that time.

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