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(영문) 광주지방법원 2013.09.25 2013고정1738
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant and C: (a) although the Defendant and C did not have any intention and ability to sell the Middle Kameras, C, using the Defendant’s mobile phone, induces the victims to sell the Kameras as if they were to use the money deposited in the account in the name of a third party; and (b) by soliciting the Defendant to use the

1. Around February 2, 2012, C makes a false statement to the effect that he/she obtained a mobile phone from the Defendant and made a statement that he/she wants to purchase a mid- and high-term camera on the Internet NAD website by making a phone call to the victim E, and then, “to sell a small-term camera,” he/she receives 160,000 won from the victim E who believed it to be true to the new bank account opened in the name of F, and acquires it by receiving 160,000 won.

2. C makes a false statement to the effect that, around the 14th day of the same month, he/she obtained a mobile phone from the Defendant and used it to sell 1.9 million won to the Agricultural Cooperative J account in the name of the Defendant, the Defendant’s card and password, which was the Defendant’s seated around the 16th day of the same month, to the effect that “the Defendant would sell 60D f.”

3. Around the 16th day of the same month, C sent a false text message to the victim K, stating that “I will sell YAC” using a cell phone from the Defendant to purchase NAVD website, and acquired it by transfer from the victim K to the account in the above F name.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of each police statement of K, F, and H;

1. Application of Acts and subordinate statutes of E;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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