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(영문) 서울남부지방법원 2020.01.15 2019고단5025
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 475,00 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On September 19, 2019, the Defendant posted an advertisement stating that “The 2019 Highest 5025” means that “The 370,000 source of free will be sold” on the bulletin board of the Second Used Goods Trading Fluor C.”

After that, the Defendant, upon receiving the communication from the victim D, concluded that “370,000 won is to be delivered to the victim, if the Defendant wired the money to the victim.”

The Defendant received a total of KRW 17,277,00 from April 24, 2019 to September 19, 2019, a total of KRW 17,27,000, as shown in the annexed crime list 1, including a transfer of KRW 370,00 from the E bank account (Account Number:F) in the name of the Defendant on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

On February 18, 2019, the Defendant made a false statement stating that “The number of occasions to engage in a loan-related work in the country is increased,” a social network service, through the instant Messenger, “The Defendant shall pay KRW 3,00,000 on the same day if he/she borrowed money to the victim G without money.”

However, in fact, the Defendant was planning to use the above borrowed money for gambling at H, a private sports gambling site, and there was no certain income and property at the time, so even if the Defendant borrowed KRW 3 million from the victim, there was no intention or ability to repay the borrowed money.

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the I account under the name of the Defendant at around 13:30 on the same day, and received a total of KRW 13.2 million from that date to March 5, 2019 by the same method as shown in attached Table 2, as shown in attached Table 2.

The defendant of "2019 Highest 5678" is a transaction of used goods at around September 27, 2019.

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