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(영문) 인천지방법원 2014.11.27 2014고단7877
사기
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B, without a certain occupation or residence, have put a false letter on the sales of goods on the Internet opening site in order to live together and raise living expenses in the Nam-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, without a certain occupation or residence, and have conspired to acquire money from those who reported and contacted with them as sales proceeds of goods.

On June 7, 2014, the Defendants conspired to publish a letter "to sell a smartphone air system" on the bulletin board of the opening room for smartphones, in collusion with the victim D who expressed the purchaser's intention to report it, and made a false statement that "to send a smartphone air system to the victim D, if deposit KRW 100,000,00,000,000,000,000,000 won."

However, in fact, the Defendants only carried out an image file of a smartphone posted on the Internet and expressed his/her opinion as if he/she had the smartphone, and did not have any intention or ability to sell the smartphone.

Nevertheless, the Defendants, as seen above, by deceiving the victim, received KRW 100,000 from the victim as the sales proceeds of smartphones on the same day, and obtained the total amount of KRW 4,037,00 from the victims in the following manner through 33 times from June 7, 2014 to October 6, 2014.

As a result, the Defendants conspired to induce victims, thereby deceiving them from victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written petition (number 2 through 8, 13, 19 through 25, 27 through 44);

1. Application of CCTV Acts and subordinate statutes;

1. The Defendants: Articles 347(1) and 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

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

1. Defendant A: Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act; Article 62 of the Criminal Act

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