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(영문) 창원지방법원 마산지원 2019.09.17 2019고단205
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

On November 18, 2018, the Defendant posted a false statement to the effect that he sells milch disease disinfection equipment by accessing CKapets at an insular place, and reported it to the victim D who contacted D with the victim D by “I would send mil disease disinfection equipment when remitting KRW 125,000.”

However, since the defendant did not have milch disease disinfection devices, even if he receives money from the victim, he did not have the intention or ability to send milch disease disinfection devices.

As above, the Defendant, by deceiving the victim, received KRW 125,00 from the victim’s account in the name of the Defendant, to transfer KRW 125,00 from the victim’s bank account, and, from that time to January 13, 2019, received total of KRW 7,493,00 from the victim 29 in the same manner as the list of crimes in the attached Table.

On January 18, 2019, the Defendant posted a notice to sell children’s houses by accessing Internet CKafa, and reported this false statement to the victim E who visited the victim E that “on deposit of money, he/she will send the children’s house to home.”

However, since the defendant did not have a child's house, even if he received money from the victim, he did not have the intention or ability to send a child house.

As above, the Defendant, by deceiving the victim, received 550,000 won from the victim to the single bank account under the name of the Defendant, and fraudulently acquired it.

Summary of Evidence

"2019 Highest 205"

1. Defendant's legal statement;

1. Each statement of D, F, G, H, I, K, K, L, M, M, N, P, Q, R, T, U, V, X, M, Y, Z, AB, AB, AC, AD, AE, and AF;

1. Each statement of transfer;

1. "2019 Highest 265" in each letter, conversation, etc.;

1. Defendant's legal statement;

1. E statements;

1. A written confirmation of a bank;

1. Application of Acts and subordinate statutes on dialogues related to purchase;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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