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Defendant
A shall be punished by imprisonment with prison labor for a year and three months, and by imprisonment with prison labor for a year.
Reasons
Punishment of the crime
【Defendant A was sentenced to three years of imprisonment for a crime of fraud at the Daejeon District Court on April 30, 2014, and on February 3, 2015, the Busan District Court sentenced six months of imprisonment for a crime of fraud at Busan District Court, and completed the execution of the sentence at the Heung prison on April 16, 2017.
Defendant
B On April 30, 2014, the Daejeon District Court sentenced imprisonment with prison labor for fraud and on February 14, 2017, and completed the execution of the sentence in the official prison.
【Criminal facts” and “E, despite the absence of the goods to be sold, conspired to deceiving the buyer as if the genuine goods were sold in person with the seller and the buyer, and obtain the proceeds therefrom. Defendant A shared the role of realizing the seller and buyer of the goods and making telephone, Defendant B shared the role of inducing the sale and purchase by telephone to the seller and buyer, and the role of transferring money by telephone to the seller and buyer, and E shared the role of withdrawing the price of fraud.
1. On September 8, 2017, around 09:50 on September 8, 2017, the Defendants and E with respect to the Victim F were in physical color with the goods seller and the buyers via the Internet’s trading website, etc., Defendant A calls from the victim F who runs “G” bank to sell money to “G 30 cash sales,” and calls from H at the same place on the same day to purchase money of KRW 30.
If "G" forwards money to the gold bank, the money will be remitted to the account.
The purport of “G” is that “the same day visits the “G” bank with gold and shows it to the victim for the purpose of identifying the volume and condition thereof, and deceptions the victim as if the genuine gold was sold, and “E has received 5,400,000 won from the victim’s account (Account Number: I) in the name of “E”, and “E has received 5,00,000 won from the victim.”