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(영문) 창원지방법원 2013.07.09 2012고단3012 (1)
부정사용공기호행사등
Text

A defendant shall be punished by imprisonment for four months.

However, 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 Defendants, as relatives, posted a letter of intent to sell mobile phones, Nowon-gu, gift certificates, etc. on the Internet, and conspired to commit the crime of fraud in a way that they did not receive money from victims who reported the fact that they received money from the victims, and send the money to them.

As a result, at around 10:00 on September 6, 2012, the Defendants had access to the PC room where the trade name in the Sinsan-si, Gyeongsan-si could not be known to the Defendants, and then posted a letter that they sell the Internet NAV Rona, and the Internet NAV Rona, NAV.

In addition, the defendant A made a false statement that he/she would sell middle and long-term nanotechnology to the victim C who has reported and contacted his/her writing.

However, the Defendants did not have the right to sell it to the victim because they did not have the right to use it.

Nevertheless, the Defendants received 300,000 won as the price for the goods from the victim to the one bank (D) account in the name of the Defendant A.

As a result, the Defendants conspired from September 6, 2012 to the 24th day of the same month, and were transferred total of KRW 2,090,000 from around six times in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Application of the respective laws and regulations of C, H, I and J

1. Relevant Articles 347(1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

1. An applicant for compensation under Articles 25(1) and 31(1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Declarations of Provisional Execution shall pay interest on the money obtained by deceit

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