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(영문) 대구지방법원경주지원 2020.08.07 2019고단712
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for a period of 4 months for a crime of 2020 high group30, 2019 high group 712, 2020 group 36, 2020 group 36.

Reasons

Punishment of the crime

On October 16, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the said sentence in the Jinju prison on March 5, 2015. On September 28, 2016, the Daegu District Court and its racing support sentenced three years of imprisonment for fraud, etc., and the said judgment became final and conclusive on January 17, 2017 and on March 13, 2019, the execution of the sentence was terminated.

2019 Highest 712

1. On June 14, 2019, around 18:51 on June 14, 2019, the Defendant made a false statement to the effect that the Defendant would send accommodation rights to the victim E, who was posted on the Internet’s “HIC” that is a trading site of used goods at the Internet, and that the Defendant would send accommodation rights to the victim upon contact with the victim by text messages.

However, since the defendant did not have a right to accommodation at the time, even if he receives money from the victim, he did not have the intention or ability to send the above right to accommodation to the victim.

The Defendant, from June 14, 2019 to June 15, 2019, transferred the sum of KRW 1,480,000 to K account in the name of the Defendant from June 14, 2019.

2. On July 9, 2019, around 09:21, 2019, the criminal defendant against the victim M made a false statement to the effect that the victim M posted on the “HIC” that is an Internet used goods transaction site, and that the victim M would have purchased the right to accommodation by sending text messages to the victim, and that the victim would have sent the right to accommodation if the money for the right to accommodation was transferred first.”

However, since the defendant did not have a right to accommodation at the time, even if he receives money from the victim, he did not have the intention or ability to send the above right to accommodation to the victim.

The defendant is the K account in the name of the defendant, which is the sum of KRW 1,080,000 from the victim as the price for accommodation right on the same day.

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