beta
(영문) 부산지방법원 2017.10.16 2016고단8496

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant collected money from those who need money using the Internet page, etc., and offered money to them, and then cancelled the mobile phone within three months on the face of YY, and paid a short term installment and the mobile phone usage fee to the effect that it does not cause any damage by making it possible for them to enter into a contract for subscription to the mobile phone and remove the core chip by receiving the opened mobile phone and then selling it via the Internet, etc.

On June 2015, the Defendant made a false statement to the effect that “The victim E, who reported and contacted the writing posted by the Defendant on the Paice North Korea website, shall open the mobile phone and terminate the mobile phone within three months on the YY, and shall cause no damage by paying both the end installment and the mobile phone usage fee.”

However, the defendant only thought that he was able to receive a mobile phone from the victim and sell it through the Internet, etc., and there was no intention or ability to pay the mobile phone installments and the mobile phone usage fees to be imposed to the victim E.

The defendant deceiving the victim as above, caused the victim to enter into an agreement on the opening of a so-called So-called "S6 mobile phone" in LIS on June 22, 2015, and did not pay the above mobile phone fee of KRW 1,075,370 from the damaged party to December 24, 2015 by receiving the above mobile phone amounting to KRW 979,00,000 at the market price from the damaged party, and by failing to pay the fee of KRW 1,075,370 which was imposed after the time of the occurrence of the crime from around December 24, 2015, the defendant acquired property by receiving KRW 44,121,40 from the 111 victims total of KRW 44,00,00 from the market price, and did not pay the fee of the mobile phone use, KRW 37,78,238,238.