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(영문) 부산지방법원동부지원 2020.11.16 2020고정410
사기
Text

Defendant shall be punished by a fine of KRW 2,300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2020, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Ulsan District Court on September 8, 2020, and the above judgment became final and conclusive on September 24, 2020.

【Criminal Facts】

On August 16, 2019, the Defendant: (a) connected the Internet used goods transaction site “B” at an insular place; (b) posted a false statement stating that “Aphone XS is sold” on the bulletin board; and (c) reported and contacted the said writing to the victim C who sent money.”

However, in fact, the Defendant did not possess opphones at the time, and even if receiving money from the said victim, the Defendant did not have the intent or ability to deliver the said goods to the victim.

The Defendant received 450,000 won from the above victim to the E bank account (F) in the name of D in the same day as the price for the goods on the same day, from that time, the Defendant received a total of 2,051,000 won from four victims over four times from that time until December 2 of the same month.

On December 31, 2019, the Defendant posted a notice to the effect that “B,” other than “B” was sold on the Internet’s website for used goods transaction, and that the Defendant reported the notice to the effect that “the Defendant would send the price to the account at the face of the transfer to the account” was false.

However, the defendant did not have the above goods at the time and did not have any intention or ability to send money even if he received money from the above victim.

As above, the Defendant, by deceiving the above victim, received 250,000 won from the said victim to the I Bank Account (J) in the name of H around 18:51 on the same day as the price for the goods.

Summary of Evidence

" 2020 Many 410"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of C, K, L, and M;

1. Each posted article, Kakakao Stockholm, 1.3

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