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(영문) 서울북부지방법원 2016.05.19 2016고단1080
사기등
Text

Defendant

A and B shall be punished by imprisonment for six months, and by imprisonment for four months, respectively.

However, as to Defendant C, this shall not apply.

Reasons

Punishment of the crime

1. In accordance with Defendant C’s proposal, the Defendants installed a GPS device on the HW Z4 car owned by Defendant A, sold the said car via the Internet site to receive the payment, and conspired to acquire the purchase price of the car by means of using auxiliary key after identifying the location of the said car.

Defendant

B, according to the above public offering, around February 22, 2016, posted a notice to sell the said passenger car on the website "I" on the Internet, "I" and made a false statement.

However, in fact, the Defendants delivered the said car and received the payment of the purchase price, and did not intend or have the ability to sell the car.

The Defendants agreed to purchase the said car from the victim J, and Defendant A and Defendant B were paid KRW 9,90,000 from the said victim’s purchase price to the said car on February 23, 2016, at the front of K at the time of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to transfer the said car to the said car parking lot, which is the victim’s domicile, located in the said car at around 05:17 on the same day, and Defendant A was driving the said car at the said parking lot.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. No person who violates the Act on the Protection, Use, etc. of Location Information shall collect, use, or provide location information of an individual or mobile object without the consent of the individual or the owner of the mobile object;

Nevertheless, as described in the above paragraph 1, the Defendants conspired to install a GPS device at the bottom of the steering line of HW Z4 passenger vehicles, and without obtaining the consent of the J that purchased a passenger vehicle as specified in the above paragraph 1, and even the above passenger car parking lot in Dobong-gu Seoul Metropolitan Government from the front side of K at the time of Chungcheongnamsan, Chungcheongnam-gu at around 01:30 on February 23, 2016 to the same day.

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