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(영문) 부산지방법원 2014.08.28 2013고단9593
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2013 Highest 9593" was sentenced to imprisonment with prison labor for not less than one year and two months at the Incheon District Court on February 5, 2010 and the same year.

5. 4. Termination of the execution of the sentence, and April 3, 2014. The Busan District Court has been sentenced to imprisonment with prison labor for a term of fraud, and the same year;

6.3 The above judgment became final and conclusive.

Criminal facts

1. The Defendant committed the crime against the victim C, while operating a mobile phone selling company with the trade name “E” in the south-gu area D at the port of port. On June 2012, the Defendant: (a) contacted the victim that C had opened an advertisement to purchase a mobile phone with the content that C purchases a mobile phone while on the Internet; and (b) has opened a cell phone trading contract with the victim on several occasions; and (c) had a large amount of heavy and large phone sales contract with the victim as if he/she had secured a mobile phone, he/she received money from the victim in the name of the purchase price and used it for personal use, such as gambling site investment money.

On December 19, 2012, the Defendant: (a) received from the victim, who believed to be “on the face of the transfer of money, to the extent of KRW 4,30,000 per unit of the mobile phone; (b) KRW 58,00,00 in the name of the purchase price of the mobile phone from the bank account (Account Number: G) in the name of the Defendant on the same day; and (c) received KRW 105,80,000 in the name of the purchase price of the mobile phone from around three occasions to the next day, as shown in the List of Crimes (1).

However, at the time, the defendant had a poor sales record of the mobile phone sales business so that he could not make profits or losses. The defendant's existing debt amounted to KRW 100 million, and there was a lack of money to settle the purchase price of the mobile phone with the customer, and the officetel monthly rent was in arrears, and H's Internet gambling site is operated by lending money from the victim.

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