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(영문) 서울중앙지방법원 2015.05.14 2015고단1202
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Attachment] On November 22, 2012, the Defendant was sentenced to five months of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on December 9, 2012.

【Criminal Facts】

The Defendant, even though there are no things held with C and D, posted an article on the Internet NAV, received money from victims who reported and contacted the article, and subsequently, C prepared and posted an article sales paper on the Internet Kaf page, and D conspired to purchase a substitute passbook used for the crime of fraud, and the Defendant purchased the amount of damage or purchase a substitute passbook.

1. 피고인과 C의 공동범행 피고인은 C과 함께 2013. 9. 15.경 장소를 알 수 없는 곳에서 컴퓨터를 이용하여 인터넷 네이버 중고나라 카페에 블랙캣 3.0D 중고자전거를 200,000원에 판매한다는 글을 게시하여 이를 보고 연락한 피해자 E에게 돈을 입금하면 물품을 보내겠다고 말하였다.

However, as the defendant and C did not possess the goods, they did not have intention or ability to sell the goods normally to the victim.

Nevertheless, as above, the Defendant and C received 200,000 won as the price for goods from the victim’s account under F to the account of community credit cooperatives in the name of F, as well as transferred 21,060,000 won in total from the victims through the same method 44 times from February 27, 2014, as shown in attached Table 1.

Accordingly, the defendant conspireds with C to receive property from the victims.

2. The Defendant and C and D, together with C and D, posted a notice stating that the Defendant sold 480,000,000 Kameras in Internet NAVER in a place where the location is unknown on October 8, 2013, and deposited money to the victim G who reported and contacted.

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