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(영문) 부산지방법원 2020.06.18 2018고단5354
사기
Text

A defendant shall be punished by imprisonment for 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

[Criminal Power] On December 6, 2018, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Busan District Court on December 14, 2018, and the said judgment became final and conclusive on December 14, 2018.

On June 9, 2018, the Defendant posted a letter to the effect that “GTX 970 EM will sell a traffic card” at a non-place on which June 9, 2018, and said that the Defendant would send the traffic card to the victim D who reported and contacted with it if he/she remitted KRW 180,000 to the victim D.

However, even if the defendant receives the prices of goods from the victim, he/she was thought to use them for living expenses, and there was no intention or ability to send the traffic card to the victim as agreed with the victim.

Accordingly, the Defendant, by deceiving the victim, received KRW 170,00 from the victim to the E bank account (F) in the name of the Defendant for the same day as the traffic card payment, and from that time, received KRW 450,000 from the victims three times from that time until June 21, 2018, such as the statement in the list of crimes.

On July 27, 2018, the Defendant posted a false statement stating that “H points shall be sold by accessing the former G and the first floor” at the Defendant’s house located in the Geum-gu G and Geum-gu, Busan on July 27, 2018, and that “The victim B, who became aware of the transfer of money, will send H points of 50,000 points if the transfer of money is made.”

However, as the Defendant did not have H points, there was no intention or ability to send money even if he received money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 400,00 from the victim to the J bank account in the name of J bank (K) on July 28, 2018.

On June 18, 2018, the Defendant, “2019 Highest 3217, the Defendant, by accessing Frant North Korea, to Franchiscison C and posted by the victim L on June 18, 2018, and by contacting the victim, purchased Efranchiscison equivalent to KRW 180,000,00.

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