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(영문) 수원지방법원 평택지원 2019.08.13 2019고단191
사기
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A defendant shall be punished by imprisonment with prison labor 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

[2019 Highest 191] On December 16, 2018, the Defendant posted a letter “sale of nanotechnology” on the Internet D bulletin board, and made a false statement to the victim E, who contacted with the notice, stating that “the remittance of the price of the goods is sent.”

However, the Defendant did not have a Nopanish trading, and the price received from the victim is thought to be used for the cost of living, so even if the victim receives the price, the Defendant did not have any intent or ability to sell Nopanish trading.

As above, the Defendant, by deceiving the victim as above, received 320,000 won from the victim to the F bank account (G) in the name of the Defendant on the same day, and received a total of eight times from around that time to January 16, 2019, a sum of KRW 11,140,000 from the victims, as indicated in the attached list of crimes.

[2019 Highest 369] On January 13, 2019, the Defendant posted a letter to the effect that “the sale of free trading” on H I bulletin board at the CPC located in Ansan-si B, and falsely said that “the delivery of free trading of KRW 200,000,000,000,000,000,000,0000,000 won,” to the victim J.

However, the defendant did not have any goods to be sold, and was thought to use the money received from the victim for the cost of living, so even if he received the money from the victim, he did not have the intention or ability to sell the goods normally.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim to the K account (L) in the name of the Defendant on the same day.

Summary of Evidence

[2019 Highest 191]

1. Defendant's legal statement;

1. A petition and written statement of each victims in the column of the victim of the attached list of crimes;

1. Each report on investigation;

1. Detailed statement of financial transactions, M- course data, certificate of remittance, inquiry about the results of transfers, and detailed statement of deposit transactions;

1. Defendant's legal statement;

1. Written Evidence and Statement of J 1.

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