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(영문) 울산지방법원 2014.10.01 2014고단1678
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant and Co-Defendant B are siblings.

Around March 2014, the Defendant and Co-Defendant B did not have a selling smartphone, etc. that actually needs to be used while living expenses while living together in the Gyeong-gu, Chungcheongnam-si, the Defendant and Co-Defendant B posted a letter of intent or ability to sell smartphones, etc. on the Internet NAV bulletin, and conspired to receive money from many unspecified victims who have reported and contacted.

Accordingly, on March 11, 2014, the Defendants posted a false statement to the effect that they sell smartphones with the title "Yero 50,000,000 won shamp 3.5,000 won and 3.50,000 won are sent together to the victim C who has reported the above article." However, the Defendants did not have a 5S and received sales proceeds from the victim because they did not have any intention or ability to sell it even if they did not receive sales proceeds from the victim. The Defendants deceiving the victim and received sales proceeds from the victim as above, and received the money from the victim under the name of the Defendant A (D 350,000 won) on the same day.

Co-Defendant and Co-Defendant B conspired and received total of KRW 1,350,000 in the same eight occasions from around that time to April 15, 2014, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. Certificates of confirmation of transactions of transfer of electronic financial instruments, specifications of transactions, transfers results, and inquiries into details of transactions;

1. Application of Acts and subordinate statutes to photographs by capturing each sign language and capturing a message;

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning the applicable criminal facts; the choice of fines;

1. Aggravation for concurrent crimes;

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