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(영문) 부산지방법원 2017.08.07 2017고단1526
사기등
Text

A defendant shall be punished by imprisonment for four months.

All applications for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

"2017 Highest 1526"

1. On December 2016, the Defendant and the Defendant D, who jointly committed the crime of Defendant D, posted a letter stating that they sell telephone calls, flags, etc. on the Internet trading sites, such as the openter, the middle and high-class countries, etc., and conspired to acquire money in the name of sales proceeds by deceiving them as if they sell the goods normally.

Defendant and Defendant D conspired, around December 26, 2016, posted a letter to sell two mobile phone calls, which are Internet goods transaction sites, in collusion with Defendant and Defendant D, and sell two mobile phone calls to Defendant E who reported and contacted with Defendant E.

A false statement was made.

However, the defendant and the defendant D had no intention to send a portable telephone even if they receive the price of goods from the injured party.

After all, the Defendant and the Defendant D received from the injured party on the same day the remittance of KRW 1,330,000 as sales proceeds through the corporate bank account (F) in the name of the Defendant D on the same day.

In addition, the Defendant and Defendant D, from that time until January 14, 2017, received 3,400,000 won in total as sales proceeds by deceiving victims under the above several laws, such as the [Attachment Table Nos. 1 to 10 [Attachment Table Nos. 1] from that time, and acquired them by deceiving victims.

Summary of Evidence

"2017 Highest 1526"

1. The respective legal statements of the defendant and his superior defendant D;

1. Each written statement of B, G, H, C, I, J, K, L and E;

1. Application of each written statement of transfer Acts and subordinate statutes;

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;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order (the defendant and the defendant D).

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