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(영문) 의정부지방법원 2019.01.16 2018고단4807

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 18, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu District on November 18, 2018 and the judgment became final and conclusive on November 5, 2018.

1. Joint criminal conduct by Defendant B, and C

A. The Defendant posted false articles on the C, B, and Internet D bulletin board, etc., and conspired to consume the sales proceeds by receiving the sales proceeds from the victims to contact with them.

1) Around December 8, 2017, the Defendant, despite the absence of the intent or ability to supply the goods even after receiving the payment, written on the Internet EC bulletin board D, stating that he/she would offer the said goods if he/she sent money to the victim F who contacted with the Internet EC by reporting that he/she would sell an Aphone 7 Pamper, and the Defendant has been seeking a deposit account necessary for receiving criminal proceeds. Ultimately, the Defendant conspired with B and C as above, and received KRW 400,000 from the victim by deceiving the victim as above, and then was delivered from the victim through the H account (Account Number I) in the name of G (Account Number I) in which the Defendant was seeking to supply the goods, despite having failed to express his/her intent or ability to supply the goods even after receiving the payment, and sent the price to the victim by reporting that he/she would sell the said goods on the Internet EC bulletin at a place on November 1, 2017.

Ultimately, the Defendant, in collusion with B and C as above, by deceiving the victim, and received KRW 105,000 from the victim via the L Bank account (Account Number M) under the name of K on November 11, 2017. From this point to November 30, 2017, the Defendant received KRW 2,727,000 in total over 22 times as shown in the annexed crime list 1, as shown in the annexed crime list 1.

B. The Defendant in collusion with C and B, and on November 28, 2017, at the P of the victim O in Jongno-gu Seoul Metropolitan Government N on November 28, 2017, the Defendant would go with B.