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(영문) 대구지방법원 서부지원 2019.11.28 2017고단3101
사기
Text

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

Reasons

Punishment of the crime

On March 31, 2017, the Defendant posted a false statement stating that “The Defendant would send a letter to the victim E, who reported and contacted the fact that the Defendant deposited KRW 130,000 to the F Association G account in the name of the F Association,” from the Defendant’s residence located in the Daegu-gu building B, Daegu-gu building C, with a cell phone-to-face sales.”

However, since the defendant did not hold the above numbers of money, even if he received money from the victim, he did not have the intention or ability to sell it.

On the same day, the Defendant received KRW 130,000 from the victim to the said account, and from that time until August 11, 2017, the Defendant received a total of KRW 1,110,000 from the victims, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was informed of the victims to receive property.

around August 1, 2017, the Defendant posted a letter on the Internet website that sold traffic cards to the victims, without a traffic card, and attempted to consume them for daily expenses by deceiving the victims who contacted with the fact by deceiving the money.

Accordingly, the Defendant received KRW 405,000 under the name of sales proceeds from the F Association account (J) account in the first name by making a false statement to the victim H who reported and contacted the Defendant’s comments, and received KRW 400,000 from the victim K on the same day in the same manner as above, and received KRW 400,000 under the name of sales proceeds from the said F Association account.

Accordingly, the defendant was delivered property by deceiving victims.

Summary of Evidence

"2017 Highest 3101"

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police concerning L;

1. Each statement of E, M, N, andO;

1. A certificate of confirmation, a detailed statement of deposit transactions, details of deposit and withdrawal transactions, outputs such as conversation contents, personal financial transactions, Internet banking transfer certificate, and D posted;

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