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(영문) 부산지방법원 2017.11.27 2017고단4033 (2)
특수절도미수등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and D, according to the direction of E, who had the record of committing fraud related to the sale of used goods Internet, posted a letter that the Defendant and D sell mobile phones, arches, etc. on the website of used goods, and acquired the money by deceiving the victims who reported the fact by deceiving them, and attempted to commit the crime by distributing the money deposited by E to the Defendant and D.

On March 7, 2017, the Defendant, D, and E access to the GPC room located in the Busan East-gu, Busan, by using computers installed therein, to the bulletin board of the “Hro Market” website, which is the Internet trading site, and then promptly dispose of opphone 6S Gaz 64GB.

The phrase “the victim H who reported and contacted the above letter to the victim H, who first transferred the price to the account designated by the Defendant, etc., the victim H, who first sent the price to the account designated by the Defendant, etc., shall send the phone 6S mobile phone to the victim.

As such, false statements were made.

However, the defendant et al. sent a mobile phone even if he did not own a mobile phone 6S mobile phone and received the payment from the above victim.

there was no intention or ability to act.

Defendant

In this regard, the victim received 300,000 won from the national bank account (Account Number: I) in the name of the defendant in the name of the defendant from the above victim for the sales price of the mobile phone at that time.

In addition, between March 7, 2017 and March 13, 2017, the Defendant et al. conspired, by deceiving each of the victims in the same manner eight times in total, such as the list of crimes in the attached Form, and acquired money by remitting the total sum of KRW 3,500,000 to the national bank in the name of the Defendant or the Busan bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the defendant, E, or D;

1. Each statement of H, J, K, L, M, C, N, andO;

1. Each detailed description of each set shall be proved, respectively.

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