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(영문) 전주지방법원 2020.05.12 2019고단1506
사기
Text

The punishment of the accused shall be determined by two months of imprisonment.

Provided, That the above punishment shall be imposed for one year after the judgment becomes final.

Reasons

Punishment of the crime

[Criminal Power] On August 22, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. in the Jeonju District Court’s Branch Branch Branch branch on December 13, 2019, and the judgment became final and conclusive.

On February 10, 2019, the Defendant: (a) reported on the title that “one Starbucks,” which the victim B posted on the C D Kabbook bulletin board, made a false statement that the victim would sell the Lone Starbbbbs coo in KRW 110,00 to the victim by communicating with the victim.

However, the defendant did not have the above coophone, and even if he received money from the victim, he thought that he would use it as living expenses, etc., and did not have the intention or ability to sell the above coophone.

The Defendant, by deceiving the victim as above, received 110,00 won from the victim to E in the name of the defendant around 20:2 on the same day.

around 14:25 on January 12, 2019, the Defendant posted a notice to the effect that “The right of KRW 50,000 digital merchandise coupons is sold” on the CD Kafbook, and falsely read that “The right of KRW 50,000 digital merchandise coupons is sold to KRW 40,00,000” to the victim F who visited the Defendant.

However, the fact is that the merchandise coupon possessed by the defendant was unusable and the defendant did not have a valid merchandise coupon, and even if he received money from the victim, he did not intend to use it as living expenses, etc., and did not have an intention or ability to sell the merchandise coupon.

Nevertheless, the Defendant, by deceiving the victim as above, received 40,000 won from the victim to E on the same day.

Summary of Evidence

"2019 Highest 1506"

1. Defendant's legal statement;

1. B written statements;

1. B’s petition;

1. "Investigation report (Binding of a warrant of seizure and replies to materials)";

1. Defendant's legal statement;

1. A written statement;

1.F Written petition 1.

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