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(영문) 수원지방법원평택지원 2020.10.07 2020고단362
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

Around December 29, 2019, the Defendant sent a false statement to the effect that “The Defendant would send money to the main game machine on the face of the transfer of money to the home-based dispatch” in contact with the victim by visiting the Internet website at his/her own place of residence in Ischeon-si apartment B apartment site C, and following the victim E wanting to purchase a false game room.

However, the defendant did not have the intent or ability to sell the game machine even if he remitted money to the victim because he did not own the game machine.

Nevertheless, at around 22:12 on the same day from the victim by deceiving the victim as above, the Defendant received KRW 390,000 in total from the F Bank account (Account Number: G) in the name of the Defendant, and received KRW 2,015,000 in total seven times from that time to January 7, 2020, as shown in the attached list of crimes.

On January 1, 2020, the Defendant posted a false statement to the effect that “A victim H wishes to purchase computer parts, such as CPU and Medboard,” by accessing Internet D cameras at a place unclaimed on the market, and that “A transfer of KRW 300,000,000 to a designated account is intended” was made by communicating the victim to the victim.

However, even if the defendant receives money from the victim, he did not have the intention or ability to sell the goods.

Nevertheless, at around 11:28 of the same day from the victim by deceiving the victim as above, the defendant received KRW 300,000 from the account of the I Enterprise Bank (Account Number:J) in the name of the victim.

Summary of Evidence

1. The defendant's legal statement [20 order of 2020 order362]

1. Each statement of K, L, E, M, N,O, and P;

1. The details of remittance, text messages, and caps of sales letters, etc. (2020 order 366);

1. A H statement;

1. Details of the transaction, the Kakao Stockholm dialogue;

1. Domestic investigation report- search, seizure and verification warrant (applicable to financial accounts) and replys to a request for provision of communications data.

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