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(영문) 수원지방법원 성남지원 2013.07.12 2013고단193

사기

Text

Defendant

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

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

[2013 Man-Ma193] The Defendants conspired with the victim to deliver Handphones even if they did not have the intent or ability to deliver the Handphones even if they received the payment from the victim, on July 28, 2012, posted a notice to the Internet Nene D (E) page, and reported this fact to the victim F, who reported the fact that “I would deposit the Handphones with the victim and send the Handphones at the face of the day.” The Defendant received 220,000 won from the victim to the company bank account (G) in the name of the Defendant, and, from around that time to September 12, 2012, acquired 2,952,50 won by receiving 111 times the sum from the victim as stated in the attached crime log (1).

[2013 Man-Ma1184] Defendant A posted a notice on August 16, 2012, stating that “The Internet site “I will sell a Handphone 9900” to the Internet site D (E) at the Internet site, even though he/she did not have an intent or ability to deliver a Handphone even if he/she received a payment from the victim, he/she received 300,000 won from the victim’s national bank account under the name of the defendant, and then, he/she received 300,000 won from the victim’s bank account (J) to the victim’s total amount from August 16, 2012 to 10,500,500 won from the victim’s bank account (J) as shown in the attached Form 2, and remitted it to the victim’s total amount from August 16, 2012 to 10,507.

Summary of Evidence

[2013 Highest 193]

1. Defendants’ legal statement

1. The statement statement or written statement by each police officer of F, K, L, M, N,O, P, Q, R, S, and T [2013 order 1184];

1. Defendant A’s legal statement

1. Statement of the police concerning U and V;

1. A written statement of I and W;

1. Application of X-A authentic Acts and subordinate statutes;

1. Article 347(1) and Article 30 of the Criminal Act; Article 347 of the Criminal Act; Article 347 of the Criminal Act; Article 347 of the Criminal Act.