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(영문) 광주지방법원 2019.10.17 2019고단2206
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

[206] Around March 14, 2019, the Defendant: (a) had access to the Internet EF website using his/her mobile phone in Seo-gu, Seo-gu, Seo-gu, Gwangju, Gwangju; and (b) had no intent or capacity to sell the goods; (c) had false statement to the effect that he/she would make access to the victim to purchase G6 mobile phones and sell G6 mobile phones for KRW 80,000,000 by receiving KRW 80,00 from the victim to the H bank account in the name of the Defendant on the same day; and (d) had the victim acquired KRW 560,000 through the same method from April 11, 2019, as shown in the list of crimes in the attached Table.

[2019 order 2611]

1. On March 24, 2019, the Defendant against the victim I: (a) visited the Internet EF website using his mobile phone in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) reported the victim I’s notice to the effect that the goods are sold despite the lack of intent or ability to sell the goods; and (c) contacted the victim with “75,00 won,” and sent the Nopanish bank to the victim immediately.

“Along with the intent to sell goods,” false statement to the purport that “Aphone 632 equipment is sold,” the victim K who reported the false statement to the effect that “Aphone 6 will send 130,000 won to the victim’s account in the name of the Defendant on the same day.” 2. Around August 16, 2018, the defrauded of the victim K received 130,000 won from the victim to the J account in the name of the Defendant, and acquired 130,000 won from the victim’s L account on the same day.

Summary of Evidence

[2019 Highest 2206]

1. Defendant's legal statement;

1. Each written statement of M, G and B;

1. Each specification of transactions (2019 Highest 2611);

1. The defendant's oral statement;

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