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(영문) 광주지방법원 2015.05.28 2015고단405

사기

Text

Defendant

A and B KRW 2,500,000, Defendant C’s fine of KRW 1,000,000, Defendant D’s fine of KRW 1,500,00,00.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A, Defendant B, and Defendant D

A. On December 30, 2013, the Defendants: (a) were aware of the fact that the Defendants were aware of the fact that they did not have any intent or ability to repay the purchase price even if they were to purchase the massage in a siren because they were released by Defendant D and did not have any living expenses; and (b) acquired, acquired, disposed of, and raise money by disposing of, the horses under the name of Defendant D, as if they were to purchase the massage in a siren.

Accordingly, around December 30, 2013, Defendant B and Defendant A applied for the purchase of the massage to pay KRW 79,200 per month by purchasing 1 to one to one to another under the name of Defendant D by visiting the victim G website via the Internet, and purchasing 79,200 in the name of Defendant D, and Defendant D made a false statement to the effect that he/she would pay monthly installments every month after obtaining a phone from an counselor who is not the victim’s name, to confirm whether he/she applied for the purchase of the massage.

However, as above, Defendant D was in a situation where money was needed due to the lack of living assistance, and there was no certain income and no property possessed differently, and thus, Defendant D did not have the intent or ability to pay the rental fee even if he was provided to a siren.

From January 3, 2014, the Defendants conspired to induce the victim, and were provided by the victim with 3,088,80 won at the house of the above Defendant B.

B. On January 8, 2014, the Defendants: (a) conspiredd to obtain the massageist by deceiving the massageist as if they were to purchase the massageist again in the same manner as in the preceding paragraph; and (b) to acquire the massageist by deception.

Accordingly, around January 8, 2014, the Defendants access the victim G’s website from Defendant B’s house to the same manner as that of the preceding paragraph, and do so in Defendant D’s name.