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(영문) 부산지방법원 2020.07.22 2019고단6014
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 28, 2019, the Defendant, in relation to the victim B, posted a false statement on May 28, 2019, that “on the Internet EF car page,” “on the Internet EF car page, sells a mobile phone 560,000 won,” and said, “on the transfer of KRW 560,000 to the victim B, the Defendant would send a cell phone 9 mobile phone.”

However, the defendant did not have any mobile phone delivery intention or ability to deliver a mobile phone even if he did not want to use the money received from the victim for the purpose of paying off the Internet gambling funds and debts, and even if he did not receive money from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 560,000 won from the victim to the G bank account in his name on the same day.

2. On October 1, 2019, at around 00:20 on October 1, 2019, the Defendant posted a notice on the “J” department store located in Busan Seo-gu, Busan, stating that “F 512 mobile phones are sold by mobile phones” on the EF car page bulletin using a mobile phone, and then sending goods to the victim H who reported and contacted.

‘A false statement' was made.

However, the defendant had not already sold the above mobile phone to another person, and even if he received the transfer of the price of goods from the victim, he did not have any intention or ability to send the above mobile phone to the victim from the beginning.

The Defendant, by deceiving the victim as such, received 440,000 won from the victim under the name of K Bank account (M) on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. The Defendant’s fraud against the Victim N is a false place on November 10, 201.

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