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(영문) 서울서부지방법원 2019.02.14 2018고단1374
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on the 16th of the same month.

【Criminal Facts】

1. On September 29, 2016, the Defendant reported an advertisement, such as “cosmetic sales and personal consulting,” posted on the Internet site by the victim Q Q,” and made contact with the victim’s Kakakaoxo, thereby making it false to the effect that “When sending the price for the purchase of cosmetics, it would enable the Defendant to buy cosmetics in the United States through the scarox.”

However, even if the defendant receives money from the victim, he only planned to use the money for personal purposes and did not have the intent or ability to purchase cosmetics at a low price.

The Defendant received KRW 10 million from the victim as the purchase price for cosmetics from the victim around the 29th of the same month.

Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.

2. On October 20, 2016, around October 20, 2016, the Defendant made a false statement that “Around October 20, 2016, the Defendant would pay the victim the proceeds immediately after investing in the shares under his/her name, and the result of the investment would have been generated.”

However, even if the defendant received money from the victim, he was planned to use it for an individual purpose, and did not have the intent or ability to pay the proceeds to the victim by investing in the shares.

The Defendant received KRW 3 million from the victim to Qua account in the name of the Defendant on the same day.

Accordingly, the defendant, by deceiving the victim, received the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of Q Q;

1. A detailed statement of details of transactions, details of remittance of amount from damage, and details of transactions of deposit and withdrawal;

1. Notarial deeds ( November 3, 2016);

1. The contents of the Kakao dialogue;

1. Before judgment:

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