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(영문) 수원지방법원 안양지원 2019.07.04 2019고단303
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 22:00 on December 3, 2018, the Defendant posted a false statement to the effect that “The Defendant will send a new airport call to the victim C who sent KRW 150,000,000 to the Internet B car page.” The Defendant reported the above writing and made a false statement to the effect that “The Defendant will send a new airport call to the victim C who sent KRW 150,000 to the victim.”

However, in fact, the defendant did not have the above newness, and was planned to use the goods as gambling funds by the victim, and did not have the intent or ability to sell the said newness to the victim.

The Defendant received KRW 150,000 from the victim’s bank account in the name of the Defendant on the same day from November 22, 2018 to December 15, 2018, totaling KRW 1,205,000 from November 22, 2018 to December 15, 2018.

Accordingly, the defendant was provided property by deceiving the victims.

Around December 3, 2018, the Defendant posted a letter stating that he/she will sell a new job on the Internet B Kaf, and reported it to the victim E who visited the victim E by saying, “I will send a new job on the face of remittance of money.”

However, even if the defendant did not have the belief of sale at the time and received money from the victim, he did not have the intention or ability to send the money to the victim on his own.

The Defendant, by deceiving the victim as above, was transferred KRW 150,000 to the G bank account (Account Number: H) in the name of the F Bank account on December 3, 2018, as the sales proceeds of new sales around 18:25, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

"2019 Highest 303"

1. Defendant's legal statement;

1. Written statements of C, I, J, K, L, and M;

1. Response information;

1. The details of evidence of each damage (the comparison of letters) and evidence of damage (the details of damage transfer) "2019 order 483";

1. Defendant's legal statement;

1. E statements;

1. Data on replies;

1. A certificate of deposit and a statement of dialogue.

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