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(영문) 서울중앙지방법원 2019.06.27 2019고단1150
사기
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Criminal facts

Defendant

A around February 2018, a person who is engaged in the production, sale, and distribution of mobile (Moble) merchandise coupons, issued a C mobile merchandise coupon that cannot be exchanged with Defendant B and a general merchandise coupon (tentatively referred to as “finite merchandise coupon”) and conspired to acquire money from victimD.

Accordingly, Defendant A, at around 11:00 on March 2, 2018, provided the victim with the “in this city’s merchandise coupons and C merchandise coupons 600,000 won mobile at the F coffee shop located in Gangdong-gu Seoul Metropolitan Government. Defendant A sells merchandise coupons at a price much higher than the ordinary price of KRW 600,000 won in cash. KRW 300,000,000 won is a merchandise coupon; KRW 100,000,000 won is a merchandise coupon; KRW 100,000,000 won is a merchandise coupon; and the rest of KRW 200,000,000 is a mobile phone in the form of C mobile merchandise coupon, which can be exchanged as paper merchandise coupons at the nationwide store. If there is a certification number, Defendant A could exchange paper merchandise coupons from March 5, 2018 and March 7, 2018 to the effect that Defendant B’s mobile merchandise was sent from the same day.

However, in fact, it was impossible to exchange the mobile product right which the defendants sent to the victim's mobile phone with the victim's mobile phone because it was not entered into a normal contract for the issuance of merchandise coupons between HH and the defendants.

Nevertheless, the Defendants conspired to deception the victim, and the victim was received 200 million won in cash from the victim as the price for the mobile product right.

Summary of Evidence

1. The legal statement of the defendant A and some of the witness A's legal statement

1. Each statement made by the defendant A in the interrogation protocol of the prosecution against the defendant A

1. The Defendants’ partial statements among the suspect interrogation protocol as to Defendant B by the prosecution

1. D. D.

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