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(영문) 대구지방법원 2020.01.14 2019고단3468
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 8, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoggu District Court Branch Branch of the Daegu District Court, and on September 9, 2018, the Defendant completed the enforcement of the sentence at the port prison on September 2018.

around May 20, 2019, the Defendant posted a letter stating that “Sababababababababababamen 3 B sells the Internet website” on the Internet site “B” bulletin at the Defendant’s residence located in Daegu North-gu, Daegu-gu, and said that “First, the Defendant would send KRW 63,000 to the victim C with the remittance of KRW 63,00.”

However, since the defendant did not possess the above goods, even if he receives the proceeds of the goods from the victim, he did not have the intention or ability to send the above black box normally.

The Defendant, by deceiving the victim as such, received 63,000 won from a DNA bank account (Account Number: E) in the name of the Defendant on the same day as the price for goods from the victim.

On May 14, 2019, the Defendant posted a false statement to the effect that “The sale of Naki Campaignization” is to connect the Defendant’s home located in Daegu Northern-gu to the Internet B car page by accessing the Defendant’s home located in Daegu-gu, and reported the fact to the victim G who contacted with the Defendant, “First of all, the transfer of the price of Naki Campaign shall be made by sending it to the Defendant’s home.”

However, since the defendant did not have the above physicalization, even if he received money from the victim, he did not have the intention or ability to send the above physicalization to the victim.

Nevertheless, the Defendant, by deceiving the victim, received a total of KRW 2.90,000 from May 14, 2019 to May 17, 2019, a total of seven times from the victim’s bank account (E) in the name of the Defendant.

In May 14, 2019, KRW 130,00 won, KRW 130,00 won, KRW 4220,000 on May 15, 2019, KRW 230,000, KRW 970,000 on May 17, 2019, KRW 300,000, and KRW 300,000. Accordingly, the Defendant received property by deceiving the victim.

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