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(영문) 수원지방법원 2020.06.11 2019고단6590
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On February 8, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court on February 8, 2018, and completed the execution of the sentence in the Jung Eup prison on March 6, 2019.

"2019 Highest 6590"

1. On August 27, 2019, the Defendant, at the Defendant’s house located in Osan City C apartment, and No. D, posted a false statement that “E sells Aphone XR” by accessing the Defendant’s house with mobile phone, and sold Aphone XR at KRW 550,00 to the victim B who reported and contacted the above statement.

However, the defendant thought from the beginning that he would receive money from the victim to use it as travel expenses, and even if he received money from the victim, he did not have the intention or ability to provide goods to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received 10,000,000 won from the victim’s bank account (G) under the name of the Defendant for the same day sales proceeds, and continued to receive 450,000 won from the same account around August 29, 2019, and received 550,000 won in total twice in total.

2. On September 8, 2019, the Defendant, at the above Defendant’s house, posted a letter stating that “Aphone XS is sold” on the Internet website I bulletin board, and made a false statement that the Defendant would sell Aphone XS at KRW 460,000 to the victim H who reported and contacted the letter.

However, the defendant did not possess goods at the time and thought that he received money from the victim for entertainment expenses, and even if he received money from the victim, he did not have an intention or ability to remove the goods.

Accordingly, the Defendant, by deceiving the victim as above, received 460,000 won from the victim to the above account under the name of the Defendant for sale proceeds around 16:26 of the same day.

3. Fraud to the victim J.

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