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(영문) 대구지방법원 상주지원 2020.03.24 2019고단386
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 11, 2018, the Defendant, “2019No386,” written a false statement on the Internet Psite by accessing the studio in which the Defendant, located in the Gu-Si, Si-si, and read that “When sending the price of the goods first, the Defendant would check the payment of the goods and send the goods to Q Q who visited the Defendant.”

However, in fact, even if the defendant did not have any actual possession of opphone X mobile phone and received money from the victim, he did not have the intention or ability to send the goods, and if he received money from the victim, he would have used it as entertainment expenses.

The Defendant received KRW 400,000 from the victim’s R account in the name of the Defendant on the same day as the price for the goods, and received KRW 400,000 from around that day to September 27, 2019, totaling KRW 26 times as shown in the List of Crimes (1).

Accordingly, the defendant was delivered property by deceiving the victims.

On September 3, 2019, the Defendant, “2019No403”, by accessing the Internet Psite, prepared a letter “pop-up shop of the galthro Dolop,” and reported it to the victim S who visited the victim, “to deposit the price of the goods and send the goods to door-to-door.”

However, even if the defendant did not have a gallony jumphal jumopon and received the money from the victim, he did not have the intention or ability to send the goods, and if he received the money from the victim, he would have used it as the cost of living.

The Defendant, from around that time to September 23, 2019, received KRW 95,00 as the price for the goods in the name of T (U) account notified by the Defendant from the victim on the same day and received KRW 780,000,000, in total, six times from around that time to September 23, 2019.

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