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(영문) 대전지방법원 홍성지원 2019.10.29 2019고단438
절도등
Text

Defendant

The imprisonment with prison labor for A shall be two years, and the imprisonment for Defendant B and C shall be one year, respectively.

Reasons

Punishment of the crime

[criminal power] On December 17, 2012, Defendant A was sentenced to a suspended sentence of three years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) in the Daejeon District Court’s astronomical Branch on December 17, 2012; Defendant A sentenced the same court to eight months of imprisonment with prison labor on December 24, 2013 and four months of imprisonment with prison labor on September 12, 2014, and completed the execution of the said suspended sentence on July 24, 2017.

【Criminal Facts】

1. Defendant A’s fraud

A. On April 22, 2019, the Defendant made a false statement to the victim F, who reported the Defendant’s notice that Samsung Aphids will sell mint North Korea on the bulletin board, stating that “If Samsung Aphids are sent KRW 700,000, Samsung Aphids will send mint North Korea.”

However, the Defendant did not have the right to send the money even if he received the money from the victim, so there was no intention or ability to send it.

From around 15:07 on the same day, the Defendant, by deceiving the victim, received KRW 700,000 from that time to that of the G account under the name of the Defendant, from that time, and received KRW 1,20,000 from the victims on April 22, 2019 to that of April 3:36, 200 in the same way, as shown in the attached list of crimes (1).

(at least 2019Sang583). (b)

피고인은 2019. 4. 24. 충남 천안시 H에 있는 IPC방에서, E 카페 게시판에 에어팟을 판매한다는 피고인의 게시글을 보고 연락한 피해자 J에게 “대금 130,000원을 보내주면 에어팟을 보내주겠다”고 거짓말을 하였다.

그러나 사실 피고인은 에어팟을 가지고 있지 않았으므로 피해자로부터 대금을 송금 받더라도 이를 보내 줄 의사나 능력이 없었다.

The Defendant, by deceiving the victim as such, remitted KRW 130,00 from the victim to the K Bank Account under the name of the Defendant on the same day.

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