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(영문) 서울북부지방법원 2019.07.23 2019고단1476
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On April 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury in the Jeju District Court's original branch on April 26, 2016, and completed the execution of the sentence in the original prison on October 25, 2016.

【Criminal Facts】

The Defendant is a person who engages in merchandise coupon sales business under the trade name of “stock company D” in Gangnam-gu building C.

1. On November 13, 2018, the Defendant made a false statement that “On-the-counter merchandise coupon sales company E” phone to the victim F of the company E, and then purchased merchandise coupons immediately at the time of advance payment, and registered merchandise coupon code numbers in the account under the name of E, a stock company.”

However, even if the defendant received the purchase price at the time, he did not have an intention or ability to register the code number by purchasing online merchandise coupons.

The Defendant received 4,5850,000 won from the victim’s account in the name of D Co., Ltd. on the same day.

2. On the same day as indicated in paragraph (1), the Defendant made a false statement to the operator of “G”’s online merchandise coupon sales headquarters by phone to the victim H on the same day as indicated in paragraph (1), stating that “The Defendant purchased online merchandise coupons at the time of advance payment, and then arranged the merchandise coupon code number as an accelerator file to send it immediately.”

However, even if the defendant received the purchase price at the time, he did not have an intention or ability to purchase online merchandise coupons and send code numbers.

The Defendant received KRW 91.7 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Each complaint (including attached documents);

1. Previouss before judgment: Criminal history records;

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