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(영문) 대구지방법원 서부지원 2021.02.24 2020고단874 (1)

상습사기등

Text

Defendants shall be punished by a fine of eight million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court on September 6, 2016, and on May 21, 2018, the parole period was expired on July 22, 2018.

Defendant

B On December 22, 2016, the Daegu District Court sentenced one year and three months of imprisonment to a violation of road traffic laws (joint dangerous acts), etc., and was provisionally released on January 30, 2018 during the execution of the sentence in the Daegu Prison, and passed on May 31, 2018.

【2020 Highest 874】

1. The Defendants’ joint crime committed the crime committed by the Defendants cited the fact that the amount of the deposit balance is claimed in 12-month installments after the electronic tobacco (E and F plaque) was first delivered at the victim C’s electronic tobacco sales website, and intended to receive the electronic tobacco delivery from the victim company by repeatedly joining the said program in a way of registering it as a means of payment, thereby taking advantage of the fact that the amount of the deposit balance is claimed in an installment for 12 months.

Accordingly, Defendant A informed Defendant B of his personal information, e-mail address, etc. to be subscribed to the above program, and Defendant B visited the website around January 10, 2019 and applied for the delivery of electronic tobacco to Defendant A’s residence after entering the above program in the name of Defendant A.

However, in fact, the Defendants did not have the intention or ability to pay the installment of the electronic tobacco.

Nevertheless, the Defendants were delivered electronic tobacco equivalent to KRW 178,00 at the market price around January 12, 2019 by the victim company, and from that time until January 25, 2019, from that time, the Defendants received the delivery of electronic tobacco equivalent to the total market price of KRW 1,96,800 in total, as shown in Appendix I by the aforementioned method from January 25, 2019.

As a result, the Defendants conspired in collusion and received property by deceiving the victim company habitually.

2. The defendant.