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(영문) 서울중앙지방법원 2014.11.07 2014고합568

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant, C, and D did not have an intention or ability to sell Samsung Trithal mobile phone apparatus, and they produced a mobile phone package box which arbitrarily created Samsung Trithal line and contain styp, tin, etc. inside it, and conspired to acquire money by fraud against the victims who are domestic distributors or overseas importers of the mobile phone, as if they actually contain a mobile phone device within the market price, and as if they were sold or offered as security, it would belong to the sale or offer of money.

Around June 2012, the Defendant, C, and D, using the funds invested by the Defendant, made 7,00 parts of the mobile phone packaging box 350 mobile phones marked by Samsung E in Kimpo-si, and around that time, they kept 350 mobile phone packaging boxes in Daejeon-si, by inserting strings and tins into the aforementioned packaging box box in the store in Sejong-si, thereby complying with the actual cell phone packing boxes and weight, and attaching a tape marked by Samsung e-mail outside, and then making it difficult for the Defendant to appear to have contained 7,000 mobile phone packaging boxes in actual packaging, and keeping them in G located in Daejeon-si, Daejeon-si.

1. The fraud of the victim H refers to the fraud that around August 21, 2012: (a) around 201, the victim H was actually sealed in the gallon juno 7,00 price for the instant fake phone package box; and (b) around that time, the victim’s 18 million won under the pretext of a contract for sales of mobile phones from the victim as a contract for sales of mobile phones; and (c) the same year;

9.Around 18.2 million won was remitted.

As such, the Defendant, in collusion with C or D, by deceiving the victim, received a total of KRW 20 million from the victim.

2. The fraud of the victim I was shown in the above G while showing the victim I’s cell phone package boxes in August 2012, 201 to the victim I, and it was possible to offer the victim I as a security, since the gallon 7,000 cost was actually packed.