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(영문) 대구지방법원김천지원 2020.10.28 2020고단1293
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from B who is an applicant for compensation 135,00 won and C who is an applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On October 17, 2019, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Daegu District Court Kimcheon Branch, and on April 28, 2020, the Daegu Detention House completed the enforcement of the sentence.

【Criminal Facts】

On May 23, 2020, the Defendant posted a false statement on May 23, 2020, stating that “L shall sell 75,000 won of galgal-gal-gal-gal-gal-gal-gal-gal-gal-gal-gal-gal-gal-gal-gal-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

However, the defendant did not have a mobile phone, and even if he received money from the victim, he did not have any intention or ability to send a mobile phone.

Ultimately, the Defendant, as above, by deceiving the victim, received 75,000 won from the Defendant’s mother Kakao Bank account (N) around 22:37 of the same day from the victim, and received 1,747,000 won in total from around August 5, 2020 to around 22 times, as shown in the attached crime list 1, from around August 5, 2020.

Around July 18, 2020, the Defendant posted a letter to the InternetO on July 18, 2020, stating that “I sell gallon gallon gallon flus” to the victim P, who contacted with the letter, “I will send the above goods on the first hand if you send the price.”

However, the Defendant did not possess the above goods and did not have any idea to sell them. Therefore, even if the Defendant received the price from the victim, there was no intention or ability to send the said goods.

Nevertheless, the Defendant deceiving the victim as above and received 50,000 won from the Busan Bank account in the name of the Defendant around 19:21 of the same day from the victim, and as shown in attached Table 2 from July 4, 2020 to July 18, 2020.

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