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(영문) 서울동부지방법원 2020.06.24 2020고단1069
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who has operated a static cocop in Cma on the first floor in Jung-gu Seoul Metropolitan Government for a period of one month from the end of August 2019 to the end of September 2019.

1. On August 2019, the Defendant made a false statement to the victim D’s fraud, “The Defendant called the victim D by phone at the victim D, and supplied them to open the static buser within the Cmatet located inside the inside of the country B. The settlement of accounts will be done without problem only when delivery is dismissed.”

However, the Defendant had no intention or ability to pay the price normally even if the Defendant had been supplied with salt from the victim with a plan to sell the credit card at the time. However, the Defendant had no intention or ability to pay the price in a normal manner, even if the Defendant had been supplied with salt received from the victim from the victim, starting with an annual business without capital.

Nevertheless, the Defendant, on August 30, 2019, acquired the only amount equivalent to KRW 10,539,239 from the victim as well as KRW 2,018,00 from September 4, 2019; limited to KRW 2,98,800 from July 2019; limited to KRW 672,00 from September 8, 2019; limited to KRW 2,039,100 from September 11, 2019; and acquired the only amount equivalent to KRW 18,267,139 from the victim.

2. Around August 27, 2019, the Defendant made a false call to the victim E and supplied the victim E with money to open the static bus in the Cmate in which he/she is located. The Defendant made a false call to the victim E, “I will deliver the money to open the static bus in the Cmate in which he/she is located. I will make a settlement at the time of delivery without problem.”

However, the defendant did not have the intention or ability to pay the price even if he received the money from the victim as stated in Paragraph 1.

Nevertheless, the Defendant received money equivalent to KRW 11,905,231 from the victim on August 30, 2019, and acquired money equivalent to KRW 1,805,450 on September 3, 2019, and KRW 19,571,766 on September 6, 2019, including money equivalent to KRW 2,954,610 on September 6, 2019.

3. On August 31, 2019, the defendant against the victim LAF may call to G staff members of the victim LAF.

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