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(영문) 인천지방법원 2014.09.05 2014고단5281
사기
Text

Defendants shall be punished by imprisonment with prison labor for four months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant B and Defendant A were working as an employee of a mobile phone sales store operated by the victim D from August 201 to February 2012, 201, and only disposed of, and subsequently, they were employed by the victim through the Internet website, etc. to return to the victim with profits on the medium-sized mobile phone purchased through the Internet website, etc., Defendant B was a person who was the type of the Defendant A, and the Defendants were willing to acquire money from the victim under the name of the victim as the medium-sized mobile phone purchase price.

Defendant

On January 4, 2013, A made a false statement to the effect that “A has secured a large volume of heavy cell phoness from the border locks. There are still things at present. It is intended to send the goods immediately after sending the purchase price of KRW 20 million to the victim.”

However, the Defendants did not have any intention or ability to send the main cell phone even if they received the purchase price from the victim because they did not have secured the main cell phone.

The Defendants deceptioned the victims as above and received KRW 10 million from the victims to the new bank account (E) in the name of Defendant A on the same day, KRW 5 million from the new bank account (F) in the same name, and KRW 5 million from Defendant B’s corporate bank account (G).

As a result, the Defendants conspired to receive 20 million won in total from the victim as the purchase price of the heavy mobile phone and acquired it by fraud.

2. Defendant A made a false statement to the effect that, at the victim D’s office located in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu H 2012, Defendant A transferred 4 million won to the victim’s father if he borrowed 4 million won to the father, and then repaid her.”

However, the Defendant did not pay the 15 million won of a savings bank loan in the absence of any assets at the time. The Defendant used the 1100,000 won of a mid- and long-term mobile phone collection for most of the daily income.

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