beta
(영문) 서울남부지방법원 2017.07.12 2016고정2400

사기

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

On November 20, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act by the District Court of the Republic of Korea on November 20, 2015, and the judgment became final and conclusive on February 4, 2016.

The Defendant and B, as a person in de facto marital relationship, concluded a siren contract for electronic equipment such as Nowon-gu, in order to raise living expenses by receiving goods from others and selling them to others.

피고인과 B은 2014. 8. 26. 인천 연수구 C 소재 106호 거주지에서 B이 사용하고 있던 그 명의의 휴대전화 (D) 로 휴대전화 인증절차를 거친 후 피해자 에이 제이 네트웍 스 주식회사 직원 성명 불상자를 상대로 시가 1,892,589원 상당의 LG-13Z940 노트북 1대를 임차하여 주면 약정기간인 36개월 동안 사용료를 지급하고 기간 만료 후 이를 반환하겠다는 취지로 거짓말을 하고 노트북에 대한 스마트 렌 탈 계약을 체결하였다.

However, in fact, the Defendant and B did not intend to pay the usage fee or return the Nowon-do after the expiration of the contract period because they received the Nowon-do from the victim company and intended to use it for others.

Nevertheless, on August 30, 2014, the defendant and B conspired to deception the victim company, and thereby, they acquired the one of the two North Koreas from the victim company.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the suspect B of the police;

1. A self-written statement of E;

1. Application of statutes to cases, such as an application for consent to smart sirens, demand for return of sirens and equipment, and notification forests scheduled to terminate a contract;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.