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(영문) 대전지방법원홍성지원 2020.10.06 2020고단660
사기
Text

The punishment of the accused shall be two months by imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2019, the Defendant was sentenced to six years of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on May 30, 2019.

【Criminal Facts】

On August 11, 2015, the Defendant: (a) opened a B’s B website with “C” and pretended to normally operate an Internet shopping mall to purchase foreign printed goods; and (b) intended to receive money from persons reporting and suggesting investment in a virtual business at the same time with money as a price to obtain money from persons reporting and communicating.

피고인은 2016. 9. 11.경 위 블로그 내 ‘샤넬 갈루샤 WOC 가방을 판매한다’라는 판매글을 보고 연락한 피해자 D에게 전화하여 “4,540,000원을 송금해 주면 샤넬 가방을 구매하여 배송해 주겠다.”라고 거짓말하고, 2016. 9. 24.경 피해자에게 전화하여 “가방 사업에 투자를 하면 원금을 보장하고 해외에서 가방을 수입한 뒤 되팔고 난 뒤 남는 금액에 대한 수수료를 나눠주겠다.”라고 거짓말하였다.

However, in fact, the Defendant did not have any intent or ability to deliver a well-known foreign master bank or visibility through a purchase agency, and even if the Defendant received money from the victim because he was liable for a considerable amount of money from several people in bad credit standing, he did not have any intent or ability to pay the principal and the agreed fee to the victim.

Around September 11, 2016, the Defendant, by deceiving the victim as above, received KRW 1,540,000 from the victim as the purchase price for a bank account in the name of the Defendant from the victim, and received KRW 28,780,00 from that time to September 22, 2017, a total of KRW 15 times from September 22, 2017, from that time, the Defendant acquired the money by transfer to the account designated by the Defendant as the purchase price or the investment fund.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant.

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