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(영문) 부산지방법원 동부지원 2017.05.18 2017고단204
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On February 15, 2011, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Busan District Court, and the above judgment became final and conclusive on February 23, 2011.

[2] The Defendant, along with D, conspiredd with D to acquire the price by means of not paying gift certificates after receiving the price as a advance payment, while operating F in Busan Southern-gu E, which reads to an unspecified number of people via telemereter to sell it at the same time with a dynasium and a 2-year main gift certificate.

Pursuant to the above public offering, the above F Felter calls from the above F office around August 17, 2010 to the victim G, and “each non-permanentized one unit will be installed on the vehicle free of charge.”

In addition, if 4,300,000 won is paid in a lump sum, 200,000 won SK's merchandise coupons will be sent for the total of 24 months each month.

The term “the victim” refers to the victim’s interest, and the Defendant and D explained the same purpose directly to the victim.

However, even if the defendant and D receive money from the injured party, they send the main merchandise coupon to the injured party as agreed.

there was no intention or ability to act.

In collusion with D, the Defendant, by deceiving the victim as above, received 4,300,000 won from the victim to the post office account in the H’s name designated by the Defendant as the price for the principal gift certificates, and acquired it by remittance, and acquired by transfer the total amount of KRW 266,10,000 through the same method from July 2, 2010 to November 19, 2010, as shown in the attached list of crimes, from around 62 times as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of D by the prosecution;

1. Attachment of the judgment (related Defendant D);

1. Statement of the police statement and complaint (I) with I;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. To treat concurrent crimes;

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