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(영문) 대전지방법원 2014.05.16 2014고단426
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant 2.50,00 won, D 2.50,000 won, and E 1.50,000 won.

Reasons

Punishment of the crime

[2014 Highest 426] The Defendant, without the intention or ability to sell the goods, expressed to the user who intends to purchase the goods at the trading site of used goods, etc., in order to collect money from him/her, and around December 8, 2013, the Defendant sent smartphones to the victim I who reported and contacted with the content that “I would sell smartphones” is “I would sell smartphones,” which is an Internet used goods trading site in Seoul Franchis.

“Falsely speaking, the victim received KRW 150,00 from the victim to the bank account in his/her own name on the following day, and acquired it by means of the same method as in the attached crime list from November 15, 2013 to February 3, 2014, and acquired a total of KRW 5,885,000 from 28 victims as in the attached list of crimes. [Attachment 2014 Highest 1027] The Defendant collected money from the victim to sell the goods to the user who intends to purchase the goods at the trading site of used goods without any intent or ability to sell the goods, and around October 7, 2013, he/she sold the Internet NAra’s visibility on the Internet website.

“A false statement stating that “A victim K who reported and contacted his/her comments that he/she posted is able to send 40,000 won to her visibility,” and he/she received 40,000 won from the victim to a new bank account (L) in his/her name on the following day and acquired it by deception.

Summary of Evidence

[2014 Highest 426]

1. Defendant's legal statement;

1. Details of financial transactions (No. 45 No. 5 of the evidence list);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of K;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Matters concerning the promotion, etc. of each lawsuit declared provisional execution;

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