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(영문) 광주지방법원 순천지원 2013.05.30 2013고단797

사기

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year.

However, as to Defendant B and C, this shall not apply.

Reasons

Punishment of the crime

On December 5, 2012, Defendant A was sentenced to two years of suspension of the execution of imprisonment for fraud at the Gwangju District Court on December 5, 2012, and the said judgment became final and conclusive on December 13, 2012, and is currently in the grace period.

Criminal facts

1. Around January 13, 2013, Defendant A’s sole criminal criminal defendant posted a letter stating that “The sales of the engine Engine” in the Internet NAV “F” car page at the ENA at the SNA and false statement was made to the victim G who called the above goods if the sales proceeds are sent.

However, even if the defendant received the sale proceeds from the victim, he did not have the intention or ability to sell the above goods.

Around that time, the Defendant received 290,000 won from the victim to the account B of the same day as the sale proceeds and acquired it by fraud.

2. The Defendants suggested that they commit the crimes in the above manner to Defendant C and Defendant B, and Defendant C and Defendant B consented.

The Defendants provided an account or Internet account to be used for the crime of each other, posted an article on the Internet as if they sold the goods, and Defendant B or Defendant A provided the victims who called to inquire about the purchase of the goods, and received money from the victims as the price for the goods, and the Defendants conspired to withdraw the remitted money and use it for living expenses, etc.

As the Defendants recruited as above, Defendant A posted an article stating that “Sales of the engine Engine” in the Internet NAF on January 15, 2013 at the cross-dissurbing telecom, which is located in the net City Ordinance-dong around 15, 2013, and then sent the sales proceeds to the victim H who calls for the report, the Defendants would sell the above article, and that he received KRW 2.90,00 from the said victim’s account under the name of Defendant B around that time.