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(영문) 대전지방법원 2015.06.10 2015고단1056

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for five months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendants conspired to divide the remitted money to the buyers of the Internet’s trading site for used goods, and the Defendant A conspired to commit the crime of withdrawing the remitted money by providing the account necessary for the commission of the crime and cellular phone.

On October 17, 2014, the Defendants made a false statement to the “F” bank located in Seo-gu, Seo-gu in the large exhibition, stating that the Defendants contacted the victim H who posted an article to purchase the “Aphone6” mobile phone on the Internet portal site “G car page” bulletin, and sent the cell phone “9.50,000 won if they remitted.”

However, there was no intention or ability to send things even if they are remitted because they do not have the above mobile phone.

The Defendants deceptioned the victim as such, and received 950,000 won as sales proceeds from Defendant B’s account from Defendant B, namely, from Defendant B’s seat.

In addition, the Defendants conspired, from October 17, 2014 to November 13, 2014, each of the Defendants received 6,340,000 won in total from 11 victims or acquired property benefits, respectively, from 11 victims to 11 times, as shown in the list of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related H;

1. A statement of I, J, K, L, M, N,O, P, Q, and R;

1. Screenings after closure, such as a sign language;

1. Transfer certificate, etc., certificate of transfer, and review of the results of transfer;

1. A list of transactions in the entry and withdrawal, each list of transactions, receipts, details of entry and withdrawal transactions, letters, certificates of confirmation, and written confirmation of details of entry and withdrawal;

1. On the screen of account inquiry and closure of a conversation;

1. Text details;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements L.);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Concurrent Crimes: Article 37 of the Criminal Act of the Defendants.