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(영문) 인천지방법원 2020.09.17 2019고단9426
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

[Criminal Power] On January 9, 2020, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for assault by the Incheon District Court, and the judgment became final and conclusive on February 24, 2020 as the withdrawal of appeal.

【Criminal Facts】

Around October 25, 2019, the Defendant posted a false statement to the effect that “galthal lux is sold” on G Kafin, after having access to the Internet at the Defendant’s residence in Michuhol-gu Incheon E and F, and that “agal lux is intended to send money to the victim C who reported and contacted.”

However, the defendant did not have the above mobile phone devices and did not have the intention or ability to sell the mobile phone even if he received the above money from the victim.

Nevertheless, on October 25, 2019, the Defendant, by deceiving the victim, received KRW 120,000 from one bank account (Account Number: H) in the name of the Defendant on October 25, 2019, and acquired KRW 272,00 in total eight times from that Si to November 20, 2019.

『2020고단730』 피고인은 2019. 11. 29.경 인천 미추홀구 E에 있는 자신의 주거지에서 인터넷 G 카페에 접속하여 ‘스타벅스 프리퀀시’를 판매한다는 내용의 글을 게시한 뒤, 이 글을 보고 연락한 피해자 I에게 돈을 송금하면 마치 정상적으로 물건을 판매할 것처럼 약속하였다.

However, the defendant did not have the intent or ability to send the above goods to the victim even if he received the above money from the victim.

The Defendant, by deceiving the victim as above, received 61,000 won from the victim to the post office account in the name of the Defendant on the same day as the purchase price of the above goods.

In addition, from that time to December 17, 2019, the defendant is in total as shown in the annexed Table 2.

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