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(영문) 서울북부지방법원 2020.01.16 2019고단2828
사기
Text

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

Reasons

Punishment of the crime

On November 29, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court of Jung-gu on May 20, 2017, and the detention was revoked on May 20, 2017, and the execution of the sentence became final and conclusive on May 31, 2017.

Criminal facts

"2019 Highest 2828"

1. The Defendant, around March 30, 2019, posted an online “C” camera, stating that the victim purchased a G933 wireless server,” and said, in contact with the victim, that the Defendant would send the money to the victim.

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

Nevertheless, the Defendant, by deceiving the victim as above, received 37,000 won from the victim to the account of community credit cooperatives (D) in the name of the Defendant on the same day as the price for the goods.

2. The Defendant, around April 4, 2019, posted an online “F” camera, stating that the victim would purchase wheelchairss,” and made a false statement in contact with the victim that “to send money when sending money.”

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

Nevertheless, the Defendant, by deceiving the victim as above, received 25,000 won from the victim to the account of community credit cooperatives (D) in the name of the Defendant on the same day as the price for the goods.

On May 23, 2019, the Defendant stated that “If you transfer KRW 35,00 to 35,00,000” through text messages to the victim G at a non-permanent place on May 23, 2019.”

However, in fact, the defendant did not have a sacker and thought that he would use the transferred purchase price for the cost of living, so even if he receives the purchase price from the victim, he can do so.

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