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(영문) 대전지방법원 홍성지원 2016.11.29 2016고단498
특수폭행등
Text

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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2016, the Defendant was sentenced to the suspension of the execution of four months of imprisonment for fraud by the Daejeon High Court on April 13, 201, and the said judgment became final and conclusive on May 21, 2016.

【Criminal Facts】

"2016 Highest 498" Defendant posted a letter on sales of a mobile phone at C and smartphone display terminal, and conspired to receive the sales proceeds of the mobile phone from the contact party to receive the payment of the mobile phone.

1. Around December 24, 2015, C provided the Defendant with a false statement stating that “A shall deliver a cell phone to the victim G who contacted with D’s cell phone, after having access to D’s ID from Bocheon-si, Bocheon-si, Bocheon-si to sell a cell phone,” which reads that “A cell phone will be deposited in KRW 300,000,” and that “A cell phone will be transferred to the victim G who sent the cell phone.”

However, the defendant and C did not have the intention or ability to sell the mobile phone even if they received the payment from the victim because they did not possess the mobile phone.

The Defendant and C, as above, had the victim enticed, and was transferred 300,000 won as sales proceeds from the victim to the national bank account under the above E around 05:26 on the same day.

2. The Defendant and C, around December 24, 2015, by deceiving the Victim H by the aforementioned method, was transferred KRW 300,000 as the sales proceeds, around 12:38 of the same day from the victim to the national bank account in the above E’s name.

"2016 Highest 648"

1. On October 2015, the Defendant and I co-principaled the Defendant and I conspired to sell goods, such as handphones, on the bulletin board of the cell phone displayer, and I conspired to divide half of the prices of goods acquired by deceit by committing the Internet fraud by providing an account to receive the money of goods.

Accordingly, the defendant around October 2015.

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