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(영문) 의정부지방법원 2016.11.02 2016고단2745

사기등

Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

Defendant

The facts charged in this case against A.

Reasons

Punishment of the crime

[2016 Highest 2745]

1. On May 3, 2016, Defendant A’s fraud made a false statement to the victim E, who reported and contacted that “on deposit of KRW 230,00,00,000, would send Aphone 6 mobile phones.” However, Defendant did not have any intent or ability to send it even if he/she did not possess the aforementioned mobile phone and received the payment.

As above, the Defendant, by deceiving the victim, received KRW 2.30,00 from the victim’s bank account in the name of the Defendant and acquired it by money, and received KRW 3,296,00 from the above to June 5, 2016, a sum of KRW 3,296,00 through the above method, such as the attached Table 1, from the above to June 5, 2016.

2. On June 6, 2016, the Defendants made a false statement to the victim F, who reported and contacted that “on deposit of KRW 160,00,00,00, the Defendants would send LG (G) 4 mobile phones.” However, the Defendants did not have any intent or ability to send such false statement even if they did not possess the said mobile phone and receive the payment.

As above, the Defendants conspired to induce the victim and received 1.60,00 won from the victim’s bank account in the name of Defendant B to receive money from the victim, and acquired 7,404,00 won in total from the above to July 6, 2016 through 45 times as shown in the attached crime List 2.

[2016 Highest 3475] The Defendants posted an article on the sale of goods on the NAVER’s “China” and conspired to acquire money from the victim.

Accordingly, on July 5, 2016, at around 22:28, the Defendants connected the NAVER’s website to sell “galgal-gal-gal-gallon 4”.