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(영문) 창원지방법원 2015.12.02 2014고단2849
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On February 14, 2007, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court on March 11, 2007, and completed the execution of the sentence in the Msan Prison.

【Criminal Facts】

Around June 2007, the Defendant: (a) received request from B to “I am able to postpone the supply date of waste cables as if the Defendant was the director of the headquarters of both Korea and Home Organization D while making a call with C; and (b) followed the call with C as he was the director of the headquarters of both Korea and Home Organization.”

However, although B did not have to be supplied with the closed cable, B received money under the name of “to receive the closed cable from D” and received money under the pretext of advance payment, etc. by deceiving the victim, and requested the Defendant to detect the victim’s false language, and the Defendant and B did not have any connection with D, and B did not have the intent or ability to supply the victim with the closed cable received from D.

Nevertheless, the Defendant, as above, knew the Defendant as the head of both mountainous districts headquarters D, and tried to acquire money from the victim under the name of the cost related to the supply of the closed cable, with the fact that B is believed to receive the closed cable immediately from D and supply it to himself.

On July 10, 2007, the Defendant called the victim on the phone and received 3 million won from the victim to the account in his name at around that time. On November 6, 2007, the Defendant received 4 million won from the victim on the phone and received 4 million won from the victim to the E account at around that time, and acquired 7 million won in total from the victim.

Summary of Evidence

1. A suspect interrogation protocol concerning B by the prosecution;

1. C.

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