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(영문) 부산지방법원 2017.08.11 2017고단3014
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a crime of violating the Act on Promotion of Fraud and Information and Communications Network Utilization and Information Protection, etc. (Violation of Information and Communications Network, etc.) at the Busan District Court on February 15, 201, and the judgment was finalized on February 23, 201.

On August 17, 2009, the Defendant, along with B, C, D, etc., established an installment sales company in the name of “F” (hereinafter “F”), “F” in the building of Busan, Busan, Busan, on the condition that he would receive money from the Defendant by receiving money from the victims by directly visiting victims to install an account and receive money for gift certificates by making a payment in advance between 200,000 won and 200,000 won per month against many unspecified people. The Defendant, upon paying the cost of the gift certificates in advance for the amount of the gift certificates for the use of the vehicle, received money from the Defendant as if he sent the gift certificates with the amount of KRW 20,000 per month for each two years. The Defendant, after giving the business registration name of F, C, and the Defendant, etc. directly visited the victims to install this section in the vehicle of the victims and received the cost of the gift certificates.

At the end of August 2009, the Defendant, along with C, made a phone call to the victim G through the telecomter at the office of the above company around the end of August, 2009, and installed this section without compensation, if the monthly oil exceeds 200,000 won.

If 4.5 million won is settled, you may send a liquor gift certificate equivalent to KRW 200,000 each month for two years, and may be established without charge in this section.

Around September 7, 2009, the victim G was interested, and around September 7, 2009, the victim G explained to the above purport, and explained to the above purport, “I cafeteria,” and made the victim G settle the amount of KRW 4.5 million by credit card, and the victim G installed this section in the victim G car.

However, even if the defendant et al. received the above payment, they send the gift certificates agreed as above.

such person has no intention or capacity.

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