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(영문) 인천지방법원 2020.11.27 2020고단1417
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, at around 16:00 on December 18, 2018, posted a notice to the victim B on Twitter stating that “the purchase of a ticket prior to the Twitter” is “the purchase of a ticket” in the Twitter, and made a false statement to the victim that “the victim will transfer the ticket prior to the Twitter No. 31 December 31, 2018 to KRW 120,000 per head.”

However, in fact, the Defendant did not have the above program admission ticket and was planning to use the money received from the victim for living expenses, etc., so even if receiving the money from the victim as the price, there was no intention or ability to sell the program admission ticket.

The Defendant, by deceiving the victim as such, received 2,40,000 won from the victim to the E account under the name of the Defendant via C in the name of C, around 16:22 of the same day.

2. The Defendant planned to commit the so-called fraudulent act against the victims by using the F (the foregoing day summary form) and the G account in the name of the Defendant. However, when the said account was no longer usable in committing a crime on the wind posted on the H website, the Defendant planned to use the said account under the name of the F to receive money from the victims by using the said account under the name of the victims for committing the crime, and to transfer the money to the said account under the name of the Defendant and use it as living expenses.

According to such a plan, the Defendant posted a letter to the effect that “as a result, the Defendant sells a separate contact book with a sole contact book” in the Twitter using a mobile phone at a place that is not known to the Incheon or lower on December 19, 2018, and talks with the victim J and text messages that made contact with the Defendant, thereby sending the victim’s “on the transfer of money to the account known to the Defendant, if the money is transferred to the account he knows, the Defendant will send the ticket.”

However, the Defendant and F did not have the above admission tickets.

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