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(영문) 대구지방법원 서부지원 2018.11.06 2018고단2129
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 600,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to ten months of imprisonment due to fraud, etc. in the Western Branch of the Daegu District Court, and completed the execution of the sentence on October 16, 2017 at the Daegu Prison.

On April 30, 2018, the Defendant: (a) visited the Defendant’s residence in Daegu-gu, Seo-gu, Daegu-gu, with the Internet portal site D Cafbook “E”; and (b) made a false statement to the Defendant stating that “The Defendant would send the fishing room promised when remitting money to the account, to the account,” and that “The Defendant would send the fishing room to which the Defendant promised to send money to the account,” by communicating the victim with the Internet portal site D Caf page at that place.

However, in fact, the defendant did not have a fishing room, and only he thought that he would receive money from the injured party to use it as gambling funds or living expenses, and did not have the intention or ability to send the goods even if the injured party remitted money.

As such, the Defendant, by deceiving the victim, received KRW 120,00 from the victim to the G account under the name of the Defendant on the same day, and received total of KRW 4,570,500 from the 18 victims, such as the case of the attached Table 1 in the following manner from around that time to July 3, 2018.

On May 2, 2018, the Defendant, “2018 Highest 2560, the Defendant, at the Defendant’s residence located in Daegu-gu, Daegu-gu, posted a false statement on the Internet portal site D Cafbook, stating that he/she will send lines of fishing to the Defendant, if he/she transfers money to the account.”

However, since the defendant did not have any clothes, there was no intention or ability to send goods even if he receives money from the injured party.

As such, the Defendant, by deceiving the victim, received 200,000 won from the victim to the G account under the name of the Defendant on the same day, and attached Forms from around that time to July 23, 2018.

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