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(영문) 인천지방법원 2020.05.13 2019고단644
사기
Text

A defendant shall be punished by imprisonment for six months.

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 August 20, 2018, the Defendant, “2019No644,” made a false statement to the Internet D, stating that “If 180,000 won is deposited, 1.8 million won shall be sent by selective transfer” to the victim who visited the victim who received money from the victim C, even though he did not have the intent or ability to deliver the mobile phone, he/she shall have access to the Internet D and received KRW 2.240,00 in total seven times in the same manner as the attached crime log statement from the victim to October 22, 2018.” In addition, the Defendant received 1.80,000 won from the victim to the F bank account (G) in the name of E in the same day as the price for the mobile phone from the victim and received 1.8,000 won in total from the time to October 22, 2018.

On November 11, 2018, the Defendant reported a letter to the effect that he/she reads game money on the bulletin board of the Internet Game item sales site “H” at a place with 201:00 p.m. on November 11, 2018, and sent money to the victim I, the Defendant made a false statement that he/she would sell 200 million won money.

However, in fact, the defendant only intended to use the money received from the victim for living expenses and did not have the intent or ability to sell the game money to the victim.

The Defendant, by deceiving the victim as above, received 146,000 won from the L Union account in the name of K at around 11:02 on the same day from the victim and acquired it by defrauded.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Written statements and written complaints of the victims;

1. Evidential materials for damage and detailed statement of deposits "20, 3014";

1. A police statement of I;

1. Application of the details of transactions and Kakao statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An applicant for compensation under Articles 25(1), 31(1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Declarations of Provisional Execution, shall be obtained by deceit;

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