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(영문) 대구지방법원 2020.01.07 2019고단4065
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2019 Highest 4065] On May 1, 2019, the Defendant posted a false statement to the effect that “If you send money to the account, you will send traffic cards” to the victim H who had contacted with the Defendant’s house located in the Defendant’s office located in the Gyeongbuk-gun, Gyeongbuk-gun, and sold traffic cards.

However, the defendant did not have a traffic card, and even if he received money from the victim H, he did not have the intention or ability to send the traffic card.

The Defendant received KRW 100,000 from the victim H to the J Association account (K) account in the name of her birth, as well as from that time to July 21, 2019, totaling KRW 4,038,000 from 35 times in total, as shown in attached Table 1.

Accordingly, the defendant was provided property by deceiving the victims.

[2019 Highest 4637] On June 18, 2019, the Defendant posted a false statement to the effect that “Aphone sales is made” by accessing an Internet L site at a place where the place is unknown, and that “Aphone is sent if you send money to the account.”

However, in fact, the defendant did not have a opphone and did not have any intention or ability to send a opphone even if he receives money from the victim M.

The Defendant received KRW 200,000 from the victim M, including transfer of KRW 20,00 from the victim M to July 31, 2019, in total 10 times, as shown in the attached crime list 2, from around that time to around July 31, 2019.

Accordingly, the defendant was provided property by deceiving the victims.

[2019 order4638] The Defendant received benefits in November, 2018 from a victim Q Q who had a relationship of interest at a non-permanent place on September 26, 2018, if the Defendant borrowed money to the victim Q Q, for which the agreement is necessary and the fine is paid.

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