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(영문) 대구지방법원 서부지원 2018.06.22 2016고단2704 (1)

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant and C proposed a proposal against C as if they were to give money for the loan of approximately seven million won in the name of the mobile phone opening in the name of the above branch in order to raise the money to pay for the unpaid mobile phone payment of C while getting on and off the vehicle from the ASEAN-si to the Gyeongbuk-si. In order to raise the money for the payment of about seven million won in the mobile phone payment of C, the Defendant and C conspired to open the mobile phone from the radio operator in the name of the above branch and sell it to the middle.

Pursuant to the above public offering, around June 9, 2016, C may display 300,000 won as the face value of the cell phone to D by telephone after coloring her dynamic-friendly arrest D for the crime.

The defendant suggested that he will use his mobile phone, and that he will pay the mobile phone fee or machine price in a proper manner, and the defendant colored the fact that he is an agency E with the place where he will open the mobile phone, and the defendant and C visited the above agency with D which accepted the above proposal and opened the mobile phone to F who is an employee of the above agency and opened the mobile phone in order to use the mobile phone normally by the above D.

However, in fact, even if the defendant and C received a cell phone opening in the name D from the victim KT corporation, they was planning to sell the cell phone as used goods immediately. The defendant and C did not have certain income, and not only did they bear the liability such as the amount of the mobile phone unpaid in the amount of KRW 7 million, but also C did not have the intention or ability to pay the mobile phone price or the mobile phone fee normally.

The Defendant and C received from the victim company the two mobile phones (G, H) newly opened in the name of D through the above F.

As a result, the defendant and C were informed of the victim company by deceiving the victim company, and received two cell phone phoness which are 2.60,000 won in total.

Summary of Evidence

1. Each legal statement between the defendant and C;

1. Each police statement made to D or F;

1. Written petition of D;

1. Mobile phones;