beta
(영문) 서울남부지방법원 2017.01.24 2016고단4183

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

A shall pay 90,000 won to the applicant D and the applicant E.

Reasons

Punishment of the crime

[criminal record] On November 24, 2016, Defendant A was sentenced to a suspended sentence of two years in the Changwon District Court on one year and two months of imprisonment for fraud, etc., and the judgment became final and conclusive on December 2, 2016.

[Criminal facts] 2016 Highest 4183

1. As the Defendants’ co-crimes are in school, the Defendants, while having no intention or ability to sell performance diskettes, mobile phones, etc., put up a notice on the Internet website to sell performance diskettes, mobile phones, etc., and conspired to receive the sales proceeds from the people who made contact and obtain the sales proceeds.

On July 4, 2016, the Defendants: (a) accessed the Internet through a mobile phone subscribed to Defendant B’s name; (b) put up a writing on the NAV and sold the “sent Lone Star’s Public Performance Patchbook” on the NAV’s Patch Republic of Korea; and (c) reported the notice to purchase the Patchbook.

It is expected that the victim F(23) who has contacted will sell performance diskettes to F(3).

A false statement was made.

The Defendants received 80,000 won from the injured party to Defendant B’s bank account from Defendant B as the price for tweet and acquired 4,124,800 won in total from 33 victims from August 16, 2016, such as the statement in the list of crimes in the attached crime.

As a result, the Defendants conspired to induce victims to receive money.

"2016 Highest 5597"

2. On July 25, 2016, Defendant A’s sole criminal defendant connected the Internet goods transaction site using smartphones to the extent that he/she would send a notice as if he/she sold S6 mobile phones in gallon, and then, Defendant A’s sole criminal defendant sent a false statement to the victim G who reported and contacted the above notice to the effect that he/she would transfer the price of goods to him/her.

However, the defendant has the intention or ability to send a cell phone even if he receives the payment of goods from the injured party.