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(영문) 광주지방법원 해남지원 2019.06.27 2019고단163
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2019, the criminal defendant against the victim B prepared and posted a letter to the effect that “The 35 diesel day and diesel lamps will be sold” in the Internet site C carpet in a non-place on the Internet site C, and made a false statement to the effect that the defendant would sell the said goods if he/she transfers the price to the victim who contacted with the victim.

However, at the time of fact, the defendant did not possess the above goods, and there was no other method to prepare them, and even if he received money from the victim, he thought that he would use it as living expenses, so that he did not have the intention or ability to sell the above goods.

Nevertheless, the Defendant, by deceiving the victim as above, received 50,000 won as the price for goods from the E bank account (F) in the name of the Defendant on the same day.

2. Around April 15, 2019, the Defendant: (a) prepared and posted a letter to the effect that “The 35 diesel day and diesel lamps will be sold” as referred to in the preceding paragraph in the Internet site C carpet “H”; and (b) made a false statement to the effect that the Defendant would sell the said goods if he/she transfers the proceeds to the victim who contacted with the victim.

However, at the time of fact, the defendant did not possess the above goods, and there was no other method to prepare them, and even if he received money from the victim, he thought that he would use it as living expenses, so that he did not have the intention or ability to sell the above goods.

Nevertheless, the Defendant, by deceiving the victim as above, received 50,000 won as the price for goods from the E bank account (F) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by B and G;

1. Details of transactions and transfer certificate;

1. Details, etc. of conversations between each I text message;

1. Application of Acts and subordinate statutes to a sales notice and a photograph to a course;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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