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(영문) 대전지방법원 2015.11.18 2015고단3397
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On January 23, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for fraud, etc. on May 6, 2014, and the execution of the sentence was terminated in a female prison on May 6, 2014. On February 11, 2015, the same court was sentenced to one year and six months of imprisonment with prison labor for fraud, etc. and the sentence became final and conclusive on May 8, 2015.

【Criminal Facts】

On July 19, 2014, the Defendant, along with C and D, who became aware of the Internet Messenger through the Internet Messenger, proposed an Internet goods fraud crime to inform C and D of the method necessary for committing the crime, and the above C and D conspired to commit the crime by providing cellular phone and passbook necessary for committing the crime, posting a sales text, and withdrawing cash wired.

After all, the conciliation commissioner, who lives together with the defendant, took part in the crime as he takes part in the role necessary for the crime.

On July 22, 2014, the Defendant, along with C and D, posted a false statement stating that “a gggal lusium 4 mobile phone will be sold” on the Internet’s “Jainna” bulletin at a place where it is not possible to know the place located in Ansan-si around July 22, 2014, and reported it to the victim G who contacted with C and D, “a galgal lusular phone will be sent by remitting KRW 230,000 won

However, the defendant did not have the above mobile phone so that he did not have the intention or ability to send the cell phone to the victim even if he received the above payment.

The Defendant, by deceiving the victim as such, received 230,000 won as the price for goods from the victim to the national bank account in the name of C, namely, from the victim.

In addition, the Defendant, in collusion with C, etc., received a total of KRW 5,085,00 from 13 victims as shown in the annexed crime list from July 22, 2014 to October 10, 2014, respectively.

Summary of Evidence

1. Defendant's legal statement;

1.Each prosecution against C.

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