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(영문) 의정부지방법원 2018.04.17 2017고단5821
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for three months.

However, with respect to Defendant B, the same shall apply for a period of one year.

Reasons

Punishment of the crime

On August 18, 2016, the Defendants opened a mobile phone retail shop in the name of “G” in the name of Defendant B under the name of “G” from 125-2 of the 1st floor of the F building in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul. However, even though it is unable to operate the above G normally, the Defendants would make a mobile phone retailer to sell the mobile phone on commission to raise money.

The provision of a mobile phone is false and the mobile phone is offered to be disposed of in another place.

1. On August 20, 2016, the Defendants entered into an agreement on the consignment sale of a mobile phone in Defendant B’s name on August 23, 2016, stating that “The Defendants would sell a mobile phone to the victim H by entrusting the sale of a mobile phone on the face of the supply of the mobile phone,” and concluded an agreement on the consignment sale of a mobile phone in Defendant B’s name.

However, even if the Defendants received the aforementioned mobile phone from the injured party, they did not intend to open the mobile phone normally and sell the mobile phone, and they thought to lend money by disposing of the supplied mobile phone directly in another place.

The Defendants, as described in the attached Table Nos. 1 through 23, including the fact that the Defendants conspired to deception the victim as above and received a mobile phone (KTM-G930K-32G) equivalent to KRW 836,000 at the market price on August 27, 2016 from the victim, and acquired 23 mobile phones equivalent to KRW 18,322,70 at the market price from around that time to September 7, 2016.

2. On August 29, 2016, the Defendants concluded a mobile phone consignment sales agreement in Defendant B’s name on the same day. The Defendants concluded a mobile phone consignment agreement with the Defendant Company B on the same day. The said G concluded that “A mobile phone sales agreement will proceed with the opening of the mobile phone by entrusting the sales of the mobile phone on the face of the mobile phone supply.”

However, even if the Defendants received the aforementioned mobile phone from the injured party, they did not intend to open and sell the mobile phone normally, and disposed of the received mobile phone at a different place.

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