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(영문) 인천지방법원 2020.06.11 2019고단3468
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 31,765,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

The Defendant, on October 2018, 2018, sentenced the victim B, who became aware of through Internet hosting display in the middle of October 2018, was trying to defraud money by misrepresenting the money of the C hotel type.

1. On October 17, 2018, the mobile phone small payment fraud Defendant made a false statement to the effect that “If the victim calls for a telephone and makes a small payment equivalent to KRW 500,000,000,000,000,000,000 should be cancelled and paid additionally to the victim.”

However, the defendant had no intention or ability to pay cash after cancelling the settlement even if the victim pays the small amount of money.

On October 18, 2018, the Defendant: (a) by deceiving the victim; (b) paid for KRW 496,500 of the digital merchandise coupon page in the online shopping mall “E”; (c) obtained financial benefits equivalent to KRW 496,500 by allowing the victim to pay the small amount of money; and (d) obtained financial benefits equivalent to KRW 2,541,000 in total five times until December 3, 2018, as shown in the attached list of crimes (1).

2. On November 4, 2018, in order to cancel a 'small-sum settlement' by telephone from the victim at DMoel, the Defendant’s credit card fraud ought to resume the settlement by credit card because small-sum settlement and credit card settlement can be canceled at the same time.

‘False speech' was made to the effect that it was “.”

However, the defendant did not have the intention or ability to cancel small payment or cancel credit card payment even if the defendant had the victim make payment by credit card.

As such, the Defendant, by deceiving the victim as such, had the victim pay 100,000 won to the F card owned by the victim for nine times around November 4, 2018, by allowing the victim to pay 100,000 won or more with the F card owned by the victim, as shown in the attached list of crimes (2).

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