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(영문) 부산지방법원 서부지원 2018.01.16 2017고단1024

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of two months.

Defendant

A 340.340.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to one year and six months of imprisonment for fraud at the Busan District Court on August 13, 2015, and completed the execution of the sentence at the Jinju Prison on August 8, 2016. Defendant B was sentenced to imprisonment with prison labor at the Busan District Court on May 21, 2015, and completed the execution of the sentence at the Busan District Court on August 30, 2016. On February 15, 2017, Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court’s Dong Branch Branch, and the judgment is obvious that “7.17.” recorded in the indictment on May 19, 2017 is a clerical error as “5.19.”

was finally determined.

[2] On June 27, 2017, Defendant A of the 2017 Highest 1024, stating that “When sending KRW 250,00,00,00,000 to the victim J, Defendant A would sell Aphone 6,00 if he/she sent 250,000,000.”

In this regard, the defendant A did not have the intention or ability to send the goods even if he did not possess the phone at the time and received the payment from the injured party.

In the end, Defendant A, as seen above, had the victim induced and had the victim transferred KRW 250,00 to the Defendant’s new bank account on the same day from the victim, and had the victim transferred the same year from that point to that point.

8. By August 8, 200, “30,00” in the list Nos. 28 of [Attachment 1] is apparent to be a clerical error in “320,000” (the page 536 pages of evidence Nos. 1024 of the order 2017) and the sum “13,929,000” is corrected to be “13,949,000” for the same reason.

A total of 45 times, such as the statement, the victims were accused of the victims, and a total of 13,949,000 won was remitted.

The Defendants of the 2017 Highest 1057 intend to induce victims as if they sell goods by using the Internet.