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(영문) 부산지방법원 2020.09.16 2020고단956
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

1. Fraud against the victim B;

A. On January 21, 2019, the Defendant sent 5,760,000 won for goods to the injured party B using a app holding to the extent that the Defendant sent 5,760,000 won for the goods to the injured party B, using a DNA app holding to the Defendant’s office located in the Busan East-gu, Busan, and then sent 1,00 Round Airves, 320, Razves, 1,000, and 800 Edifri lines to the effect that “.”

However, even if the Defendant received the price for the goods from the victim, he did not have any intention or ability to send the goods to the victim, as he thought of so-called “competing” such as personal debt repayment and use of the goods as the price for goods.

Nevertheless, the Defendant received 5,760,000 won from the victim to the post office account in the name of the Defendant, as the price for goods on the same day.

B. Around January 24, 2019, the Defendant made a false statement to the effect that “If the amount of KRW 4,862,000 is remitted to the victim, the Defendant would send the amount of KRW 4,862,00 to the victim.”

However, even if the defendant receives the price for the goods from the victim, he/she has no intention or ability to send the goods to the victim, as he/she is thought to prevent the return, such as personal debt repayment and use of the goods.

Nevertheless, the Defendant received 4,862,00 won from the victim to the post office account in the name of the Defendant for the same day as the price for goods.

C. On January 25, 2019, the Defendant made a false statement to the effect that “If the amount of KRW 3,646,500 is remitted to the victim, the Defendant would send the amount of KRW 3,646,50 to the victim,” using the Doting at the same place as the above paragraph (a).

However, even if the defendant receives the price of goods from the victim, he/she is thought to prevent the return of goods, such as personal debt repayment of the defendant and the use of goods as the price of goods.

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