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(영문) 대구지방법원 2013.11.05 2013고단3932

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 13, 2012, the Defendant called “C” office located in Sinsan-si B and sent documents necessary for the loan to “NH affiliated loan company.” First, the Defendant made a false statement to the effect that the Defendant would deposit three mobile phones in the name of the party, with KRW 1.5 million per 1,50,000 won per 1,00 won, and then to lend KRW 10,000 after 3 months, if the opening of the three mobile phones in the name of the party.”

However, in fact, there was no intention or ability to lend money to the victim from the beginning while there was a conspiracy to dispose of the mobile phone opened in the name of C business owner E and the victim as a 's name-free phone' and to impose the mobile phone charges on the victim by disposing of it as a 's name-free phone.'

In collusion with E, the Defendant, by deceiving the victim as above, had the victim establish three mobile phones, including two mobile phones (94,400 won each of the terminal price) and one cellular phone (the terminal price of 946,000 won) in LGU on the same day, and acquired the victim’s mobile phones worth KRW 2,934,800 in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes governing a new service contract, a sales contract for terminals, a financial confirmation, a certificate of registered matters under a service contract, a debt certificate, and a liquidity transaction protocol;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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;