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(영문) 서울중앙지방법원 2020.09.25 2020고단4810
사기등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2020 Highest 4810】 On March 12, 2020, the Defendant posted a letter “sale of s8 smartphones” on the Internet B “C” page at a non-place located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and said that “I would deliver smartphones if you first deposit the money.”

However, since the defendant did not have the above goods, there was no intention or ability to send the goods even if he received money from the victim.

The Defendant, by deceiving the victim as above, received 92,000 won from the victim to the E (F) account in the name of the Defendant.

【2020 Highest 5018(Joint) of April 24, 2020, the Defendant: (a) around 00:53 on April 24, 2020, at the “I Party” operated by the victim H (Nam, 64 years of age) in the Dongjak-gu Seoul Metropolitan Government G and the 5th floor; (b) opened a door by entering the entrance gate gate number of which is memory while working as a part of the Twitt before the veterinary day; and (c) intrudes into the entrance inside the party, thereby cutting down KRW 79,500, a cash, the victim’s possession in the relevant simplified safe.

【2020 Highest 5066(Joint) of the Defendant, around April 11, 2020, connected to “K” as an Internet site in Gwanak-gu, Seoul Special Metropolitan City, by making up a false statement on the bulletin board that “Aphone8 practical server 64 means to sell” and “the victim M who reported and contacted the above bulletin will send the price for the goods” to “the victim M who sent the price for the goods.”

However, the defendant did not possess the above goods, and even if he received money from the victim, he thought that he would consume it in living expenses, etc., and there was no other self-sufficiency to sell the above goods to the victim.

The Defendant, by deceiving the victim as above, received 200,000 won from the victim as the price for the goods on the same day, to the N bank account (O) in the name of the Defendant.

(i) the evidence;

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