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(영문) 수원지방법원 안양지원 2016.12.15 2016고단476 (1)

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Suwon District Court Ansan Branch on August 20, 2015, and the said judgment became final and conclusive on January 11, 2016.

1. On February 9, 2015, the Defendant and B made a false statement to the victim C that “The Defendant and B would open a cell phone in the name of the four mobile phone, thereby holding the cell phone KRW 2 million.”

However, even if the defendant and B received a mobile phone from the victim, they did not intend to pay money to the victim.

On February 9, 2015, the Defendant and B received from the victim the four mobile phones of an amount equivalent to one million won in the market value from the gallonian 4 Lamart ju City in the middle-gu Seoul Special Metropolitan City, on February 12, 2015, at the E agency located in Jung-gu, Seoul, the total market value of which is equivalent to two million won in the aggregate from the E agency located in Jung-gu, Seoul, and around February 16, 2015, four mobile phones of an amount equivalent to one million won in the market value of which is equivalent to one million won in the aggregate from the G agency located in Nam-gu, Nam-si, Seoul. < Amended by Presidential Decree No. 26568, Feb. 16, 2015>

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

2. Around 13:00 on February 23, 2015, the Defendant and H made a false statement to the victim I stating that “The Defendant and H will transfer the cell phone to the proprietor on the face of a cell phone and give KRW 2 million from KRW 1400,000,000 to KRW 14,000,000,000,000,000,000,000.”

However, even if the defendant and H received a cell phone from the victim, they did not intend to pay money to the victim.

The Defendant and H received from the victim the two mobile phones of the sum of the market price of KRW 1,948,00 in the above Aphone 64G mobile phone 64G mobile phones and the two mobile phones of KRW 64G mobile phone 64G mobile phone 64G mobile phone 1,00 from the victim in the same day.