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(영문) 대구지방법원 2013.12.13 2013고단3976

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. On November 23, 2010, the Defendant stated that “D” mobile phone sales stores operated by the victim C in Daegu-gu, Daegu-gu, that “A victim would open his/her mobile phone in his/her own name, and I would like to open his/her mobile phone in his/her own name.” On January 23, 2011, I would like to open his/her mobile phone in his/her own name in his/her own name in his/her own name in his/her own name in his/her own name in his/her own name in his/her own name in Japan, and

However, the Defendant did not have any particular income or property, and even if he opened and used the mobile phone in the name of the victim, there was no intention or ability to pay the user fee, and he did not reside in Japan, and there was no intention or ability to transfer the mobile phone name in the name of the child after two months.

The Defendant, by deceiving the victim as above and allowing the victim to open a mobile phone in the name of the victim and use it, thereby acquiring property profits equivalent to KRW 10.80,000,00, including the mobile phone price, from that time to February 20, 2011.

2. From the aforementioned “D” mobile phone sales store around December 20, 2010, the Defendant made a false statement to the said victim, “If the Defendant borrowed only KRW 600,000 from the business fund to operate a mobile phone sales store, he/she will repay the debt up to January 10, 201.”

However, the defendant did not have any particular income or property, and even if he borrowed money from the victim as business price, he thought to use it for living expenses, and there was no idea to sell mobile phone sales business, so there was no intention or ability to repay the borrowed money.

As above, the defendant deceivings the victim as above, and he was immediately issued 600,000 won as business capital from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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