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(영문) 대구지방법원 2015.12.04 2015고단5146
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

When the Defendant conspired with a name-free box (one name E) and BH (one name F) and orders a merchandise coupon to pay the price normally at the national merchandise coupon store, the Defendant conspireds with the name-free box (one name E) to deposit the money obtained by defraudation from the victim by means of telephone fraud into the account of the seller of merchandise coupon, and the Defendant conspireds to acquire the merchandise coupon by taking charge of the role of delivering it to BH by receiving the corresponding merchandise coupon.

On April 29, 2015, the Defendant, at around 13:59, sent the account number received from the victim to the bearer of the name, on the following grounds: (a) the victim BK operated by the victim BJ of the Cheongju-si, a substantial amount of BI, to the account; and (b) the false statement: (c) the account number received from the victim.

However, the fact was that the depositee had the intent to transfer the money to the account of the victim by deceiving the depositee under the Bophishing Law, and the defendant, the person who was not the name of the victim, and the BH did not have the intent to pay the normally merchandise coupon to the victim.

On April 29, 2015, a person who was not entitled to name (one name E) misrepresented the victim BL to be inspected by phone and deceptioned that "in order to prevent the damage caused by the opening of a bankbook in his name, the balance of the passbook shall be deposited in the name of K to a designated account in order to prevent the damage," and that he had BL wired KRW 4,365,00 to the said Nonghyup account (BM) of the said victim.

Until then, the Defendant, who had been waiting in the vicinity of the merchandise coupon sales company, was in contact with the person who was named in the name (one name E) and returned to the said merchandise coupon sales office, again, presented the resident registration certificate forged in the name of K to the victim and made a normal deposit of the purchase price of merchandise coupons. As such, the Defendant received merchandise coupons amounting to KRW 4,50,000 from the victim and delivered it to BH.

In addition, the Defendant conspired with the Defendant, from April 29, 2015 to May 4, 2015.

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