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(영문) 의정부지방법원 2020.11.04 2020고단887
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2019, the Defendant, in collusion with his name-free persons, visited the Internet business site B (Delivery website) and sent an e-mail and SNS message to the victim C who posted the above bulletin “facing money.” The transaction amount is defective in determining the amount according to the result of the net analysis of the gold, after arrival in Korea. In Korea, the Defendant stated that the Defendant would have the air fee, accommodation fee, and the amount of money to be deducted from the gold transaction amount.

However, in fact, the Defendant sent gold photographs, etc. to the victim by SNS message, caused the victim to believe that the Defendant had the victim believe that he had a gold, deceiving the victim to send a ticket to air transport the airline ticket by air, and then sent it to the Republic of Korea as cargo because it was impossible for the victim to transport the ticket as a matter of the airline because he could not transport the ticket because he received the ticket from the victim, and there was no intention or ability to enter Korea with gold.

The Defendant was provided with airline tickets equivalent to KRW 4,770,00 and hotel accommodation tickets equivalent to KRW 92,00.

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

Summary of Evidence

1. Written complaint filed by the police in relation to the defendant's protocol of interrogation of a witness C to the prosecutor's office;

1. Passport copy, electronic air ticket issuance certificate, payment receipt, packing statement, export license certificate, gold origin certificate, business registration certificate, etc.;

1. Investigative report, investigation report (investigative report), details of text messages of the complainant and the defendant, D inquiries, dialogues, inquiries into the suspect, e-mail and the address of the company, e-mail inquiries, and application of the statutes on guidance and search;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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