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(영문) 대전지방법원 천안지원 2019.06.26 2018고단1056
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2018 Highest 1056"

1. On October 4, 2017, the Defendant reported on the Internet bulletin board that “I wish to purchase opphones” posted by the victim C, and made a false statement to the victim that “I would send opphones upon deposit of money.”

However, in fact, the defendant did not have a opon, and even if he received money from the victim, he did not have any intention or ability to send a opon.

The Defendant, as seen above, received KRW 500,000 from the victims through a new financial investment account (E) in the name of D from the victim, and subsequently acquired KRW 4,285,00 from the victims eight times until October 18, 2017, including the following:

"2018 Highest 2311"

2. Around December 2, 2017, the Defendant made a false statement to the victim G, who expressed his/her intent to purchase, stating that he/she would send a plaque if he/she wired money to the victim G by inserting a letter that he/she sells DNA crowdfunding on the Internet F website at a remote space where it is difficult to identify the trade name located in the Seongbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-dong.

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

As such, the Defendant, by deceiving the victim, received KRW 200,00 from the victim’s agricultural bank account under the name of the Defendant (H) and received KRW 775,00,00 in total from four victims as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

"2018 Highest 1056"

1. Legal statement of witness D;

1. Partial statement of a witness I;

1. Each statement in J, K, C, L, M, N,O, and P;

1. The Plaintiff transferred money from the new bank account in the name of D used for the crime of investigation report (the recipient of cultural merchandise coupon) to the RA account, and sent the right to cultural products to Q Q’s mobile phone. The husband’s mobile phone is used by Q Q’s husband, and S purchased cultural merchandise right.

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