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(영문) 의정부지방법원 2013.08.13 2013고단1034
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

The defendant.

Reasons

Punishment of the crime

On January 17, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and completed the execution of the sentence on September 22, 2012.

"2013 Highest 1034"

1. The defendant, E's co-principal defendant, and E wanted to contact victims by using a mobile phone, etc. of E when entering a false advertisement on the Internet, and to receive money from victims by using a passbook in the name of the defendant's passbook or passbook held by E.

Defendant and E, around January 26, 2013, posted a false advertisement to sell Samsung Talthal Y3 mobile phones in the PC room located in Gangseo-gu Seoul Metropolitan Government, using a computer installed therein, and made a false advertisement to NAV, Samsung Talthal Y3 mobile phones. If the above advertisement reported the phone and remitted the price to the victim G who displayed the intention of purchase, the above mobile phone was delivered in a normal way.

However, even if the defendant and E receive the payment from the victim G, they did not have the intention or ability to deliver the above mobile phone.

Defendant and E received 400,000 won from the victim G to the Defendant’s bank account (Account Number H) on the same day.

Defendant and E, from that time until February 4, 2013, by deceiving the victims in the same way seven times as the list of crimes in attached Table 1, and received a total of KRW 2,99,000 from the victims.

As a result, Defendant and E received property by deceiving a person in collusion.

2. The Defendant, around January 5, 2013, posted a false advertisement on the sales of Samsung 1, 46 in the PC, installed at the PC room in Gangseo-gu Seoul Metropolitan Government, for the use of computers installed therein, on the NAV, and when he transfers the amount of money paid from the victim I to indicate his intention to purchase by using the aforementioned advertisement report phone.

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