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(영문) 인천지방법원 2020.09.22 2019고정2202

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant stated in the instant indictment on March 22, 2017 as “ March 2, 2017.” However, the Defendant’s correction ex officio is apparent that it is a clerical error in the record.

A false statement was made to the victim B by phone at a place where the location is unknown, and “to make repayment upon the entry of the money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 100,00 from the victim to the Defendant’s account, and received KRW 6,729,000 in total on 34 occasions from March 22, 2017 to August 21, 2017, as indicated in the list of crimes in the attached Table, as well as from March 22, 2017.

2. At around 15:30 on May 20, 2017, the Defendant made a false statement that “A car page located near the Dong-gu Incheon Metropolitan City bus terminal cannot be opened in the name of opening a mobile phone. On the face of opening a mobile phone in the name of the driver, the fee will be inside. On the face of opening a mobile phone in the name of the driver, the fee will be inside. The Defendant cannot open a mobile phone in his/her name without paying the fee.”

However, even if the victim opens a mobile phone in the name of the victim, there is no intention or ability to pay the user fee of the mobile phone.

As such, the Defendant, by deceiving the victim, had the victim open a mobile phone and did not pay user fees of KRW 2,284,650.

Accordingly, the Defendant, by deceiving the victim as above, received property or acquired property benefits in a total amount of KRW 9,013,650.

Summary of Evidence

1. The police's statement of the suspect interrogation protocol B against the defendant, the statement of deposit transaction, the claim by account, the suspect's data about the suspect A who submitted the suspect's statement, the suspect's and the suspect's suspect's and the Mesenger's communication law apply 1.