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(영문) 부산지방법원 2014.02.28 2013고단22
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Busan District Court on February 8, 2006, and completed the execution of the sentence on October 4, 2007, and on December 7, 2012, Defendant A was sentenced to one year of imprisonment for a crime of fraud and a crime of violating the Electronic Financial Transactions Act at the Busan District Court on December 7, 2012, and the judgment becomes final and conclusive on the 1

【Criminal Facts】

On January 14, 2010, Defendant B made a false statement to the victim J, “I will pay the cost of construction to the 301 tenant of H building, if the office interior works are ordered, if the construction cost is not paid, K will be responsible for the building owner if the office interior works are ordered,” and the construction contract document to the same effect will be prepared and issued to the victim.

However, in fact, the defendant did not have the intent or ability to pay the construction cost even if the defendant did the defendant's interior construction work because it is difficult to pay the rent for the above office, and there was no fact that the above building owner would be responsible for all of the construction cost.

The Defendant, from January 15, 2010 to February 15, 2010, had the victim do the interior works equivalent to KRW 21,115,200 from January 15, 201, and had the victim acquire pecuniary benefits equivalent to the same amount because he did not pay the construction cost.

Defendant A - The Defendant conspired to engage in a “scaming” telephone financial fraud by deceiving an investigative agency or financial institution by deceiving an unspecified number of victims of L, M, and name in Korea by walking a phone, and then inducing them to make cash payments to an investigation agency or financial institution, and then inducing victims to acquire money by means of account transfer. If the Defendant recruited the account number, password, etc. to be used for the above crime and notifies L and M of it to the victims, the Defendant’s personal information is provided to an unspecified number of victims as well as his nameless accomplices.

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