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(영문) 서울북부지방법원 2017.12.08 2017고단2813
사기
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

Reasons

Punishment of the crime

1. The Defendants’ joint crime committed the crime with C trademark from April 2015 that the Defendant would immediately pay the Defendant with the money for the business fund while carrying out a sales business of the L/C mobile phone amount.

The purpose of this paper is to acquire money from victims by deceiving victims D.

The Defendants, by telephone around August 28, 2015, received the price from the victim D for the products supplied by the Company E in this operation to the LG electronic from the LG prior to the LG. However, there is no difficulty in receiving the price.

First of all, there is no money to supply products to LG electronic companies, so it is difficult to do so.

A false statement was made to the effect that “The repayment amount of KRW 25 million shall be refunded after a day from the former LG operator.”

However, in fact, the issue of receiving the price for the products supplied to LG electronic from the above company operated by Defendant A was difficult to know when and at any time from the whole LG due to the need for the settlement. The above mobile phone sales business promoted by the Defendants was still prepared. Since all the Defendants borrowed money from the damaged party due to no certain income or property, they did not have the intent or ability to repay the money until the date they promised to pay it to the injured party.

In collusion with the Defendants, the Defendants, by deceiving the victim as such, received money from the victim to the new bank account (F) in the name of the Defendant A from the victim, and acquired money from the victim to the third bank account (F) on August 28, 2015, KRW 2 million on or around August 31, 2015, and KRW 23 million on August 31, 2015, respectively.

2. The sole criminal conduct of Defendant A;

A. On September 25, 2015, the Defendant requires money to make a gift gift to a customer, such as LG electronic mail, by telephone around September 25, 2015.

The price of supply will soon come from LG pre-delivery.

A false statement was made to the effect that he/she borrowed KRW 10 million after a day.

However, the defendant may pay money from the injured party as stated in the above paragraph 1.

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