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(영문) 부산지방법원동부지원 2020.09.25 2018고단2495 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, C, and D made a false statement to the effect that they would sell the device to the victim B when they open the cell phone in the name of the victim, and they did not receive sales proceeds from the mobile phone from the victim.

Accordingly, the Defendant and C/D, around 16:00 on November 22, 2018, at the “F” coffee store located in Busan Shipping Daegu, the Defendant 1 and C/D met with her friendship victim at the said coffee shop, and the Defendant 1 and C/D met with the victim, and C would dispose of the mobile phone in the name of the victim and give profits therefrom to the third party if he/she opens the mobile phone and takes the mobile phone. If the insured that can be compensated for loss, even if he/she purchased the insurance, the Defendant may be liable for the total amount of money. Upon reporting the loss, the Defendant reported the loss to the police, and filed a civil lawsuit against the “general” while filing a report on it with the police. Once he/she receives money from the mobile phone purchaser, the Defendant made a false statement to the effect that he/she would bring the victim to KRW 900,000 per device.

However, at the time of fact, there was no "total unit" called C, and even if the defendant, C, and D received and disposed of a mobile phone terminal from the victim according to the above public offering, they thought that they would use the price, and there was no intention or ability to pay the mobile phone sales proceeds to the victim.

Nevertheless, around November 22, 2018, the Defendant and C, and C, and D conspired to deception the victim as above, received one cell phone terminal of “Aphone XS MAX” in the name of the victim at the “J” agency near the I located in the Busan Shipping Daegu of Busan around November 2, 2018. On the same day, the Defendant and C, and C, were transferred to the victim’s name at the “L agency located in the Busan Shipping Daegu of Korea.”

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