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(영문) 수원지방법원 안산지원 2019.06.27 2019고단674
사기등
Text

A person shall be punished by imprisonment with prison labor for any of the crimes of No. 1, 3, and 4 as stated in the judgment of the defendant with prison labor for one year and six months.

Reasons

Punishment of the crime

【Criminal Force】 On September 21, 2018, the Defendant was sentenced to five months of imprisonment for fraud at the Suwon District Court, and on the 29th day of the same month after the Defendant was released from detention in the Suwon Detention House as the revocation of detention, the execution of the sentence was terminated upon the said judgment finalized.

"2019 Highest 674"

1. Around November 5, 2018, the defrauded sent a message stating that “The Defendant would send a person who will be punished when sending money,” by communicating the victim to the Internet Ekbook by accessing the Defendant’s residence in Ansan-gu C and D, Ansan-si, and by sending the message stating that “the Victim F will purchase a person who will buy a person who will buy a person who will buy a person who will buy the person who will buy the person who will buy the person who will buy the money.”

However, in fact, the defendant did not have a punishment due to the violation of the law, and even if he received money from the victim, he did not have the intention or ability to send the punishment to the victim by receiving money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 70,000 from the Hbank account (Account Number: I) in the name of the Defendant on the same day, and received KRW 1,707,50 in total from the victims through the same method over 18 times from January 19, 2019, as shown in the attached List of Crimes (1).

2. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, on November 1, 2017, the Defendant: (a) called “the Defendant would pay 20,000 won per unit of her cellphone to the opening of the cell phone; (b) contacted the person under whose name the Defendant received the above proposal; and (c) consented thereto; and (d) opened 5-6 mobile phone chip, etc. in the mobile phone nearby the Ansan-si, the Defendant’s name, from an agent near the Ansan-si, which was 462-way as of the 5th day of the same month, she opened 5-6 mobile phone chip, etc. in the name of the Defendant.

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