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(영문) 울산지방법원 2019.10.24 2019고단1862
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around April 3, 2019, the Defendant posted a false statement stating that “B sellsGS merchandise certificates to KRW 80,000,” at a place where the place cannot be known, and the Defendant sent money to the victim C who reported and contacted, that the gift certificates will be sent.

However, since the defendant did not possess the above merchandise coupon, he did not have the intention or ability to sell the merchandise to the victim.

As such, the Defendant, by deceiving the victim, received 80,000 won from the victim to the corporate bank account (D) in the name of the Defendant on the same day as the sale price of gift certificates on the same day, and acquired the total amount of KRW 1,429,000 from the victims on 12 occasions as shown in the attached list of crimes.

Around May 6, 2019, the Defendant posted a letter stating that “The sale of GS gift certificates for KRW 80,000 shall be KRW 80,000” on the Internet Ekbook at a place where the location is unknown, and falsely said that the Defendant would send money to the victim F who contacted with the report.

However, since the defendant did not possess the above merchandise coupon, he did not have the intention or ability to sell it to the victim.

The Defendant, by deceiving the victim as such, received 80,000 won from the victim to the Kakao Bank Account (G) in the name of the Defendant for the sale price of merchandise coupons on the same day.

The Defendant posted a letter on April 23, 2019, stating that he/she would sell the GSS merchandise in an Internet Ekbook at a place where the place is unknown, and that he/she would sell the merchandise coupon to the victim H who reported and contacted the letter, “I would sell the merchandise coupon if you send the money.”

However, as the defendant did not possess the above merchandise coupon, there was no intention or ability to send money even if he received money from the victim.

The defendant deceivings the victim as such.

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