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(영문) 서울남부지방법원 2016.03.18 2015고단5410
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, along with D, E, and F, was able to return Aphone 6S smartphones within 7 to 10 days, by using the fact that Aphones were purchased from Aphone 6S smartphones with a higher load of Aphone 6S smartphones, and by exchanging Aphone 6S smartphones with the higher load of Aphone 6S smartphones in exchange for Aphone 6S smartphones, followed Aphone 6S smartphones by returning Aphone 6S smartphones.

The Defendant, in collusion with D, E, and F on November 19, 2015, purchased 6S 16 smartphone 2 at the first store for the second floor victim H operation of the Yeongdeungpo-gu Seoul Metropolitan Government G Building, and on November 22, 2015, the Defendant visited I store and visited J, an employee of the said store, with 2 mobile phone 6S 6S smartphone 6S 2, around November 19, 2015, showed that the Defendant purchased 6S 16 mobile phone 2 mobile phone 3 mobile phone 6S mobile phone 3 mobile phone 6S mobile phone 6S mobile phone 3 from this store. The Defendant returned this mobile phone 6S 16 mobile phone 3 mobile phone 6 mobile phone 2 from this store and added the mobile phone 6S mobile phone 64 mobile phone 6.

“The phrase “ was false.”

The Defendant, in collusion with D, E, and F, by deceiving J as above, and by paying the J 6S smartphone 2 and 280,000 won for the fphone 2,120,000 won at the market price, by obtaining two deliverys of the fS 64 devices at the fS 2,120,000 from October 30, 2015 to November 23, 2015, and by taking 27,060,000 won in total from October 30, 2015 to November 23, 2015, the Defendant acquired 27,000 won in cash and 920,000 won in the aforesaid manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the second public trial records;

1. Each police statement made with respect to H, K, L, M, or N;

1. A written statement ofO, P and Q;

1. Protocol and list of police seizure;

1. Each receipt; and

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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