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Reasons
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(영문) 부산지방법원 2020.09.10 2020고단2625
사기
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1. The defendant shall be punished by imprisonment for a period of one year and ten months;

2.(a)

The defendant shall obtain money from B who is an applicant for compensation 250,000 won.

Reasons

Punishment of the crime

On February 18, 2020, the Defendant posted a letter to the effect that “N sells 50,000 won of age-based sports by accessing the Internet “N” site,” and false statement to the victim AO who contacted with it, stating that “The Defendant will send money to the victim’s sports at home on the face of the sending of money.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the physical exercise to the victim.

As such, the Defendant, by deceiving the victim, received KRW 550,00 from the victim a transfer of KRW 550,00 to the AP account under the name of the Defendant on the same day, and from around that time to April 20, 2020, No. 128 times per annum of crime sight table attached to the indictment from around that time to around April 20, 2020, stated that the date of committing the crime against the victim DK as “No. 23, 2020.” Accordingly, the facts charged in the indictment also indicate that “no. 23, 2020.”

However, according to the statement of DK, it can be seen that the date of the crime against DK is "4. 20 April 20, 2020."

Even if the date of the above crime was corrected on April 20, 2020 without changing the indictment, it does not seem that the defendant's exercise of his right to defense would be a substantial disadvantage, so the correction will be made ex officio.

In the same way, the total amount of KRW 61,603,300 was remitted from the victims over 128 times, such as the statement in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. AO, AR, AS, AV, AV, AW, AZ, BA, BA, D, D, BD, L, BE, G, BG, BH, BJ, BK, E, BL, BM, BN, BO, BP, BP, BY, BU, BU, BU, BU, BV, BU, BV, BU, BU, BV, BU, BV, BU, BV, BV, BU, B, B, CY, B, B, B, B, B, CB, CF, CPE, CF, CPE, CD, CD, CD, CD, CD, CD, CAO, CD, CAO, CD, CPE, CD, CD, CAO, CD, CAO, CD, CD, MD, MD, CD, CD, CD, CAO, CAO, CD, CD, MD, CD, M, CD, M, CD, CD, CJ, CJ,

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