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(영문) 대전지방법원 서산지원 2019.10.24 2019고단594
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2019, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seosan Branch of the Daejeon District Court on July 12, 2019 and the said judgment became final and conclusive on July 12, 2019.

The Defendant of “2019 Highest 594, Dec. 22, 2018, at a place where it is unknown on December 22, 2018, did not intend or have ability to sell gas due to the gas accident. However, the Defendant’s false statement that the victim C visited B, which is a medium and high-trade site, was in contact with other sellers, and sold gas due to the occurrence of gas accidents. The Defendant received KRW 100,000 from the victim to his bank account (E) as the sales proceeds on the same day, and received KRW 490,000 from the time to January 8, 2019 by deceiving the victims by the same method six times in total, as shown in the list of crimes, and received KRW 490,000 from the victim to the account.

Around March 22, 2019, the Defendant “2019 Highest 769” concluded that “The Defendant will send the air conditioners and laundry to the sending of KRW 3.50,000 to the sending of the air conditioners and launds,” which was posted by the victim H, by accessing “G” in the soup page of “G” as a mobile phone to B, a mid-to-face transaction site,” which was posted by the victim H.

However, in fact, the Defendant did not want to use the money that the Defendant received from the Defendant for the cost of living, so even if he received KRW 350,00 from the victim, he did not have the intent or ability to send the money to the victim, even if he received KRW 350,00 from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received 350,000 won from the International Bank Account (J) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports, criminal records of the same kind as the suspect, and the continuation of trials;

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