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(영문) 대구지방법원 2016.05.26 2016고단1015

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 1015"

1. The Defendant, on January 2015, committed early January 2015, 2015, exported to China and sold to the Victim E at the “D” mobile phone sales store located at the entrance of the Si, Daegu Northern-gu, Daegu Northern-gu, Seoul, to the victim E in the “D” mobile phone sales store.

The phrase “ makes a false statement.”

However, in fact, the defendant had no intention or ability to pay the price even if he received it from the injured party because the defendant had sold his personal telephone to use it as repayment of his personal debt.

The Defendant, as such, deceiving the victim and deceiving the victim, from January 9, 2015 to the victim.

2. By November, 201, 26 high-speed telephone units were issued to the market value of 9.1 million won in total.

2. On February 12, 2015, the Defendant: (a) around February 12, 2015, at the place indicated in the foregoing paragraph 1, the Defendant made a false statement to the victim that “The Defendant purchased half of the phone value of KRW 3.5 million in total because he/she had a phone value of KRW 3.5 million; and (b) purchased half of the phone value of KRW 3.5 million in China.”

However, in fact, the export of the mobile phone to China was paid by the defendant, and the defendant thought to use it as a repayment of personal debt by receiving the money from the injured party, and thus there was no intention or ability to pay the principal of the investment or the profit even if he received it from the injured party.

The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 17 million under the pretext of investment funds, namely, from the victim.

Except as otherwise expressly provided for in any other Act, no person of the 2016 Highest 1655 shall borrow or lend any access medium, or store, transmit or distribute any access medium with the receipt, request or promise of the consideration in electronic financial transactions, such as an electronic card, electronic information equivalent thereto, certificate, password, etc.

Nevertheless, the defendant is called piracy Co., Ltd. on November 2015.