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(영문) 서울중앙지방법원 2014.08.07 2014고단3216
사기등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

The seizure of articles 1 through 1.

Reasons

Punishment of the crime

Defendant

A on December 19, 2011, a person who was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud and has completed the execution of the sentence on May 2, 2013.

The Defendants posted an article on the Internet NAV, which had not been held together with D, and received money from the victims who reported and contacted the article, as if they sold the article, and then Defendant A prepared and posted the article on sales of the article on the above Internet Kaf page, Defendant B conspired to purchase the substitute passbook to be used for committing the crime of fraud, and D intended to take charge of withdrawing the amount of damage or purchasing the substitute passbook.

1. Fraud;

가. 피고인 A과 D의 공동 범행 피고인은 D과 함께 2013. 9. 15.경 장소를 알 수 없는 곳에서, 컴퓨터를 이용하여 인터넷 네이버 중고나라 카페에 블랙캣 3.0D 중고자전거를 200,000원에 판매한다는 허위 글을 게시하여 이를 보고 연락한 피해자 E에게 돈을 입금하면 물품을 보내겠다고 거짓말을 하였다.

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

Nevertheless, the Defendant and D received 200,000 won as the price for goods from the victim to the account of community credit cooperatives in the name of F as such, and received a total of 18,160,000 won from the victims by the same method from February 27, 2014, as shown in the attached Table of Crimes (1).

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

B. The Defendants and D posted a false letter to sell Kameras for KRW 480,000 via the Internet NAVas, at a place where the location on October 8, 2013 cannot be known, along with D, at the same time and around October 8, 2013.

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