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(영문) 대구지방법원 포항지원 2017.10.19 2016고단1107

사기등

Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for a year and six months.

[Defendant B, D] Defendant B, and D are punished by imprisonment with labor for one year.

Reasons

Punishment of the crime

On May 22, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court Branch Branch Branch Branch on May 27, 2015, and completed the execution of the sentence on May 27, 2015.

"2016 Highest 1107 (Defendant A)"

1. No one shall open a mobile communications terminal device to conclude a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use the telecommunications service provided to such mobile communications terminal device;

Nevertheless, on March 29, 2016, the Defendant told B to the effect that “to get loans of 15 million won, to open a mobile phone in the name of width,” at the Inter-Stop cafeteria cafeteria cafeteria located in both school districts in North-gu, Northern-si, Chungcheongnam-si, and caused B to open an I mobile phone at the sales store of the non-commercial mobile phone located in the south-gu, Seopo-si, the Defendant received it and used B until June 23, 2016.

As a result, the Defendant opened a mobile communication terminal device in another person's name, and used telecommunications services provided to the mobile communication terminal device.

2. On May 29, 2016, the Defendant posted a notice of the victim J (19 years old) to purchase visual clocks in the south-gu Sea-do-dong, Nam-gu, Chungcheongnam-do-dong on May 29, 2016, and sent the victim’s visibility “360,000 won by deposit of 3.6 million won to the victim.”

Note .

“A false representation was made.”

However, even if the defendant does not have visibility and receives money from the injured party, he/she consumed it as living expenses, etc. and sent visibility.

there was no intention or ability to act.

The Defendant received 360,000 won from the injured party to the Agricultural Cooperative Account under B’s name on June 22, 2016, from around 30,000 to around 22, 2016, in total by the same method from the victims, such as the list of crimes (1) in attached Form No. 13 times. 2,545.