(영문) 전주지방법원 군산지원 2020.04.06 2020고단207

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자간(%)

(영문) 전주지방법원 군산지원 2020.04.06 2020고단207

사기

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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

1. On July 14, 2018, the Defendant: (a) posted a letter stating that “C” mobile game using the Defendant’s mobile phone was connected to the original room located in Si/Gunsan-si B; and (b) the victim E who reported and contacted with the game item to the effect that “C will send an item if 1.7 million won is remitted.”

However, in fact, the defendant did not possess an item, and was thought to be used for living expenses, etc. upon receiving the price, so that there was no intention or ability to send the item to the victim.

As above, the Defendant, by deceiving the victim as above, received 1.7 million won from the victim to the F Association account under the name of the Defendant on the same day, and acquired 8.355 million won in total from 13 victims by the same method between around that time to May 10, 2019, as shown in the attached list of crimes.

2. On December 6, 2018, the criminal defendant against the victim G transfers the amount of money immediately settled, in lieu of the settlement of small amount of mobile phone, at the studio located in Si/Gunsan-si B, to the victim G by communicating the victim G with his/her mobile phone at the time of the settlement of small amount of money.

“.........”

However, the defendant did not have the intention or ability to send the amount equivalent to the amount paid to the victim even if the victim requested the settlement of small amount because he was urged to pay interest, including about 2 million won personal debt at the time.

The Defendant, by deceiving the victim as above, obtained the victim's personal information and the settlement number from the victim, and acquired the victim's pecuniary benefits equivalent to 500,000 won in the name of the victim through the settlement of small amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each written appeal and written statement;

1. A complaint;

유사 판례

-서울북부지방법원 2017.07.13 2016고단5547

-대전지방법원 2018.08.30 2018고단1923

-인천지방법원 2017.09.20 2017고단2259

-광주지방법원 2020.10.07 2020고단43

-수원지방법원 2020.11.18 2020고단4957