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(영문) 부산지방법원 2015.07.16 2015고단896

사기

Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal power] On June 29, 201, Defendant A was sentenced to a suspended sentence of two years for embezzlement, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on August 29, 201. On July 5, 2012, Defendant A was sentenced to imprisonment with prison labor at the 50th General Military Court of the Army on July 5, 2012, and the sentence of the said suspended sentence was invalidated on July 13, 2012. Defendant A was released on December 24, 2013 during the execution of the sentence, and the period of parole was expired on March 7, 2014.

【Criminal Facts】

Defendants: < by Act No. 1350, May 2, 2015>

1. On October 20, 2014, Defendant A posted a false statement on the Defendant’s home located in Daegu-gun E, 401 Dong 1305, stating that “The sales of heavy smartphones shall be carried out by using smartphones” on the “number-place” bulletin board, and the victim F, who reported and contacted, would sell heavy smartphones to KRW 160,000.”

However, there was no intention or ability to send the above things to the victim even if the victim transfers money because the defendant does not have a heavy smartphone.

As such, the Defendant, by deceiving the victim, received KRW 160,00 from the victim’s company bank account in the name of the Defendant to transfer KRW 160,00 from the victim’s bank account, as well as from around that time to January 23, 2015, transferred KRW 4,630,000 in total by the same way as shown in the attached crime list (1) through the same way during 17 times from that time.

2. Although the Defendants did not have the intent or ability to sell the fishing to G along with G, they had the intent or ability to sell the fishing, by posting a letter as if they sold the fishing on the Internet bulletin board using smartphones to obtain money from the victims. Defendant B posted a letter as if they sold the fishing on the H “H” bulletin board, and Defendant A and G conspired to play the role of withdrawing the money upon deposit by the damaged source.

Defendants are Daegu around January 9, 2015.