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(영문) 부산지방법원 2016.01.13 2015고단7424
사기
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant AD, while operating Internet shopping mall E, F, and G in China, advertised the above site as if it was an importer-distributor who sells and sells well-known trademarks, such as age, clothes, New Daily, etc., and attempted to deliver household goods to the customers who ordered the sale or obtain money by means of not delivering the goods actually promised after deceiving the customers as if the delivery was delayed due to customs clearance, etc. Defendant D’s participation in the above crime, and decided that Defendant A take charge of the recruitment, fund transfer, withdrawal, and management of bank passbooks, payment agency services (blue, Bank Stalle, etc.), conclusion of a contract, and conclusion of a contract for large-scale shopping mall sales store contracts, such as a house, etc.

Accordingly, Defendant A and D conspired in collusion with the victim H about February 3, 2015 and committed as if they were to deliver physicalizations through the above E site. Accordingly, Defendant A and D received KRW 151,000 from the victim to the national bank account in the name of ( state) I and received KRW 4,275,000 in total 19 times from the same day until April 12, 2015, including the transfer of KRW 151,00 from the same day to the national bank account in the name of (state).

2. Defendant B, while deceiving victims from February 2014 to April 2015, 201, obtained money by deceiving victims as above, Defendant B, despite being aware of such fact, by facilitating the commission of the crime, such as selling the money at the above site and keeping it in a nearby warehouse on the ground that it was a household product, and delivering it to D, thereby aiding and abetting the crime committed by Defendant B and A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the suspect examination of the police against the accused;

1. Application of the respective Acts and subordinate statutes of H, J, K, L, M, N, P, Q, R, T, U, V, W, X, Y, and Z;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act, and each fine.

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