(영문) 서울남부지방법원 2019.03.27 2018고단2230

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(영문) 서울남부지방법원 2019.03.27 2018고단2230

사기

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A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

【Criminal Power】 On July 3, 2018, the Defendant was sentenced to six months of imprisonment for fraud and one year of suspended execution at the Seoul Western District Court, and the said judgment became final and conclusive on July 11, 2018.

【Criminal Facts】 On December 20, 2017, the Defendant reported that “Ahion water purifier shall be purchased,” which was connected to D at the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government, and that “Ahion water purifier shall be sent on his/her home to the victim,” and that “Ahion water purifier shall be sent to the victim on the face of the deposit of the price for the goods.”

However, the defendant was only a plan to use the money as a living cost immediately after receiving the money from the victim, and there was no intention or ability to send the water purifier to the victim.

Nevertheless, the Defendant, as seen above, received KRW 250,00 from the victims in total four times from the victims from the above time to January 30, 2018, including that the Defendant, by deceiving the victims as above, received KRW 250,000 as the water purifier price in the G bank account (H) in the name of F on the same day from the victims.

"2018 Highest 6338"

1. The Defendant, on January 22, 2018, posted a false statement to the victim I stating that “ATV will be sold” by accessing the D website at a place where the location is unknown, and that the victim I made a false statement to the effect that “A TV will be sent on the deposit basis of the price of the goods.”

However, the defendant did not have the intention or ability to send TV to the victim because he was scheduled to use it as a daily cost immediately after receiving the money from the victim.

As above, the Defendant deceivings the victim and received 150,000 won from the G Bank Account (Account Number: H) in the name of F used by the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Crimes against the Victim J.

유사 판례

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