(영문) 대구지방법원 2013.12.20 2013고정1399



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

If the defendant fails to pay the above fine, 50,000 won shall be one day.


Punishment of the crime

On November 10, 2011, the Defendant was sentenced to two years of suspended sentence of ten months at the Daegu District Court for the violation of the Road Traffic Act (non-licensed driving), and the judgment became final and conclusive on November 18, 201.

On April 27, 2010, the Defendant made a false statement that “The Defendant would open a cell phone in the name of A(portable phone sales business) operated by D(portable phone sales business) C in Daegu-gu, Seoul-gu, that “I would open a cell phone in the name of Aber E, and would pay the equipment and fee without a mold.”

However, even if the mobile phone was delivered, there was no intention or ability to pay the price.

The Defendant, by deceiving the victim as such, received one mobile phone equivalent to KRW 910,800 at the market price from the victim immediately, and acquired property and property benefits equivalent to KRW 1,476,100 in total by failing to pay KRW 565,300 from September of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A new service contract;

1. Receipts:

1. Previous convictions in judgment: Inquiries, references, report on the results of confirmation of the previous disposition, and application of statutes governing the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;