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(영문) 부산지방법원 2018.04.11 2017고단6246

사기등

Text

Defendants shall be punished by imprisonment for three months.

However, with respect to Defendant B, the same shall apply for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to one year and four months of imprisonment for fraud, etc. at the Busan District Court on September 22, 2017, and the judgment became final and conclusive on February 21, 2018. Defendant B was sentenced to two years of suspension of execution on January 20, 2017, which was sentenced to two years of imprisonment with prison labor at the Busan District Court on January 20, 2017 and became final and conclusive on February 1, 2017.

[Criminal facts]

1. The Defendants, on June 28, 2016, posted a false statement to the effect that they would have access to the Internet NAVV and to sell heavy bicycles by using a computer installed therein, and that they would have access to the Internet NAV and to sell heavy bicycles, and send a bicycle to the victims of contact who reported the false statement first.

The purpose of this paper is to make a false statement.

However, the Defendants sent bicycles to the victim.

there was no intention or ability to act.

The Defendants received 400,000 won from the injured party to the account in the name of Daegu Bank in the name of E on the same day.

In addition, between June 28, 2016 and June 30, 2016, the Defendants conspired, by deceiving the victims in the same way on a total of five occasions, such as the list of crimes in the attached Form.

2. No person who commits a single crime by Defendant A shall transfer or take over any access medium;

Nevertheless, the Defendant, on May 2016, paid KRW 500,00 to G, who was in the middle-gu, Daegu-gu, Daegu-gu, in return for the payment of KRW 500,00,00 to G, who was aware of it, and acquired the passbook and physical card in the Daegu bank F account in the name of G, E, which is the seat of G, by taking over the access media from G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the examination of suspect with respect to E or G;

1. Each statement of D, H, I, J, and K;

1. Inquiry into the certificates of confirmation of transfer of Internet banking, each verification certificate, receipts of remittance, and details of transactions;

1. Response to financial information;

1. Previouss before judgment: Each inquiry letter;