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(영문) 광주지방법원 2019.03.29 2018고단3668

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 17, 2017, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Gwangju District Court on March 3, 2018 and the judgment became final and conclusive on March 3, 2018.

【Criminal Facts】

In around September 20, 2016, the Defendant: (a) in the Seo-gu, Seo-gu, Gwangju; (b) the Defendant did not have any particular property or income at the time; and (c) even if the Defendant opened a mobile phone in the name of D due to a loan obligation of financial companies, a payment obligation of agreed money to the victims of the previous fraud; and (d) the cost of living and communication fees, despite the absence of intent or ability to pay the cost of equipment and communication fees by the due date; (b) the Defendant, upon opening a mobile phone in the name of D and paying the cost of equipment and communication by the Defendant on the basis of the due date; and (c) the Defendant, upon opening the mobile phone in the name of D, fraudulently speaks that the Defendant would pay the cost of equipment and communication fees to the person in charge of the foregoing mobile phone; and (d) the Defendant acquired the same amount of pecuniary benefits by not paying KRW 2,254,090 in the aggregate of the cost of equipment and communication fees.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The document of F;

1. Previous convictions in judgment: Criminal records and the application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is relatively small amount of damage, the recognition of a crime and reflects on it, the equity in the case of judgment at the same time with the final judgment of fraud, etc. In addition, considering the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime, the sentence like the order shall be imposed by taking into account all of the sentencing conditions specified in the arguments, such as the following: