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(영문) 수원지방법원 평택지원 2019.09.06 2019고단1062
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall obtain money 600,000 won from E who is an applicant for compensation, and C who is an applicant for compensation.

Reasons

Punishment of the crime

On May 25, 2019, the Defendant posted a false statement to the GPC bank located in Pyeongtaek-siF that “I sell A30 when galgal lusium” was connected to the Internet H, and that I would send A30 when galgal lusium is transferred to the victim I who reported and contacted.”

However, in fact, the defendant did not have A30 when gallon, and there was no intention or ability to send A30 to the victim even if he receives the price for goods from the victim because he planned to use the price for daily life or gambling.

The Defendant, as such, by deceiving the victim, received KRW 210,00 from the J account under the name of the Defendant from the victim, and from July 4, 2019, deposited KRW 10,218,000 in total from the victims by the same method, such as the list of crimes, until July 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The respective copies and written statements of I, B, E,K, L, M, N, P, Q, R, T, U, D, C,V, W, X, Y, and Z;

1. Each letter, paper, certificate of deposit, etc.;

1. The details of each deposit, text messages, etc.;

1. Details of each deposit;

1. Details of deposited transactions, text notes, etc.;

1. Letters;

1. Application of Acts and subordinate statutes, such as writing and domains;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Application for Compensation and Declaration of Provisional Execution (with respect to Application for Compensation E and C);

1. The defendant of the reasons for sentencing of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. (the application for compensation filed by D, an applicant for compensation, was received at the morning of the closing of argument, and the application for compensation filed by B, an applicant for compensation, was received after the closing of argument, so that the trial proceedings may be considerably delayed due to the order

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