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(영문) 수원지방법원 안산지원 2018.07.19 2018고단1190
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 1190] On November 11, 2017, the Defendant posted a false statement to the effect that he/she would have access to the “Twitter” in the Defendant’s residence located in Ansan-si No. 2 and 301, and sell the “D panty twit ticket” by having access to the “Twitter” in the Defendant’s residence, and that he/she would send a weekly twit ticket to the victim E who reported and contacted this around November 12, 2017.

However, the defendant did not have any intent or ability to sell the above tweet even if he received money from the injured party because he did not possess the above tweet.

As above, the Defendant: (a) by deceiving the victim; (b) received 120,000 won from an enterprise bank account under the name of the Defendant for the purpose of taking over tweet proceeds from the victim on November 12, 2017; and (c) received 1,438,500 won in total over 16 times, as shown in the crime list, from March 2, 2018.

[2018 Highest 1798] On November 17, 2017, the Defendant posted a false statement to the effect that “The Defendant will send the above container diskettes to the victim F who reported it by accessing the Defendant’s cell phone “Twitter” in the “Twitter” case using the Defendant’s cell phone,” and that “I will send the above container if I would forward the price first.”

However, since the defendant did not have the above contact pockets at the time, even if he received money from the injured party, he did not have an intention or ability to send the above contact pockets as agreed.

Defendant deceptioned the victim as above and acquired 140,000 won from the victim’s account in the name of the Defendant to the corporate bank account in the name of the Defendant at around 21:23 on the same day.

Summary of Evidence

[2018 Highest 1190]

1. Statement by the defendant in court;

1. Each written statement of G, E, H, I, J, K, L, M, N,O, P, Q, R, T, T, or U;

1. A detailed statement of each transaction;

1. Evidential materials (content) respectively;

1. Statement by the defendant in court;

1.For the purposes of the F;

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