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(영문) 서울남부지방법원 2016.07.21 2016고단1173
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, around May 2015, in collusion with C and a person in unsound name, who is the cause of the telephone finance fraud group in China, will provide a loan if he/she opens a mobile phone to many and unspecified persons who need the loan and send it to him/her through a mobile phone.

After making a false statement, the victim obtained a mobile phone from the victims to use a one-person mobile phone, and the defendant collected the large phone from the victims and received the price from C according to the C's instruction, which is the total responsibility for soliciting the large phone.

1. The Defendant against the victim D in collusion with the victim’s name influor C and the victim’s name influored name in collusion with the victim D on June 2, 2015 by phone call to the victim D at a place where the location cannot be known. It is possible to provide loans from KRW 5 million to KRW 10 million after he/she opened the cell phone in his/her own name.

“False speech” was made.

However, the facts are as follows: (a) a person without a name, (b) a victim, (c) a victim, who was transferred a Handphone from the victim and then sent a Handphone to China.

Since the plan was planned to use the phone as the phone, there was no intention or ability to make a loan to the victim.

Nevertheless, the name-free person, however, has the victim deliver S6 mobile phones at the time of the gallon of Samsung ju, the market price of which is equivalent to KRW 900,000,00,000,000,000,000 from the same day to the 13:30 on the same day to the 10:30 on the 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Accordingly, the defendant was given property by deceiving the victim in collusion with C and his nameless person.

2. On June 2, 2015, the Defendant: (a) conspired with the victim F in collusion with the victim F, thereby making the statement in paragraph (1) by calling the victim F.

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