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(영문) 서울중앙지방법원 2019.08.29 2018고단2309 (1)

사기

Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for a year and six months.

[Defendant B] Defendant B shall be punished by a fine of KRW 5,00,000.

Reasons

Punishment of the crime

Since from the instant case of “2018 Highest 2309” (2018 Highest 2309), Defendant B has already been sentenced to separate judgment ( August 13, 2018), Defendant A refers to Defendant A in the course of criminal facts.

(Defendant A-related) The Defendant and B, around October 2017, collected the mobile phone in the name of another person after opening the mobile phone and selling it as a used for living expenses, etc.

B introduced the victim D (nive, 19 years of age) from Dozon C on October 22, 2017, and around October 23, 2017, the Plaintiff met the victim at the Franc shop located in E at the time of the Gyeonggi-si (Seung-si) on October 23, 2017, or the victim “it is impossible to open a mobile phone at the time of internal damage and two cellular phones will return to him/her.” The mobile phone price and service fee will be paid well.

그러나 사실 B은 피해자 명의로 개통한 휴대전화를 건네받으면 이를 중고로 판매하려 하였고 그 단말기 대금 및 이용요금을 납부할 의사나 능력이 없었으며, 피해자와 사귈 생각도 없었다.

Nevertheless, B, as seen above, by deceiving the victim and deceiving it from the victim on October 23, 2017 to October 25, 2017, at the mobile phone agency located in the Geong-dong in Gyeonggi-si, the victim had 1,254,00 won of the market value, which is the 1,254,00 won in the name of the victim, and 1,262,80 won in the market value, and transferred the above smartphone 2 points to the defendant around that time. The defendant did not pay a small amount of 520,000 won in the above smartphone, but did not pay it to the victim and sold the above smartphone 2 points to the non-resident.

Accordingly, the defendant and B conspired to receive 2,516,800 won in total, and acquired 520,000 won in total.

[Defendant A] 2019 Highest 1041 [Defendant A]

1. The Defendant on August 20, 2018