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(영문) 서울동부지방법원 2018.08.30 2018고단2461
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 through 8 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant: (a) had a third party post a notice on sales of physicalization to the Internet BC; (b) had the victims wishing to purchase the physicalization transfer the proceeds of physicalization to the E bank account (Account Number:F) in the name of D; (c) had D transfer the proceeds of sale deposited to G to H “H” block (C address: I); and (d) had D transfer the proceeds of sale deposited to G to the account designated by the non-name-based person; and the Defendant conspired to acquire money from the victims as the proceeds of sale of physicalization in the manner of exchanging G deposited to the Korean won and remitting it to the account designated by the non-name-based person.

On March 28, 2018, the Defendant, on behalf of the Defendant, requested J to put up a letter “C” stating that he sells a “K” sportsization owned by the Defendant on behalf of the Defendant, and to put it up on “C”.

Accordingly, the J posted a notice on the bulletin board of “C” stating “C sells K for KRW 12.10,00,000,000,000,000,000 won to the victim L who reported the above writing and contacted with the victim L, who transferred 12.10,000 won for physical exercise to the E bank account (Account Number:F) in the name of D.

The term "" refers to the following.

However, the facts do not have the intention or ability to send a physical exercise even if the defendant and the non-person receive the money from the victim L.

As a result, the Defendant conspireds with a person who is infinite name, received KRW 1.21 million from the victim L on the same day as the price for physical exercise. From around that time to March 29, 2018, the Defendant received a total of KRW 483,500,000 from the victims by the same method, such as the statement in the list of crimes, in collusion with the victim L.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police against M;

1. Each statement of L, N,O, and P;

1. Report on internal investigation (the J telephone call for a witness);

1. The application of the seizure protocol (voluntary submission) and the statutes governing the list of seizure.

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