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(영문) 광주지방법원 2016.05.04 2016고단261

사기등

Text

Defendant

A Imprisonment for one year, and each of the defendants B and C shall be punished by imprisonment for eight months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The sole crime committed by Defendant A;

A. A. Around May 21, 2015, the Defendant: (a) told the victim F to “to open a mobile phone via the mobile phone, thereby allowing the victim F to pay money; and (b) led the victim F to an attitude that the Defendant would give money to the victim if he/she subscribed to the mobile phone under the name of the victim.”

However, even if the defendant subscribed to the mobile phone under the victim's name with permission from the victim, he only prepared money by selling the mobile phone from the mobile phone agency, and he did not intend to pay money to the victim.

The Defendant, upon permission from the injured party, joined the cell phone in the name of the injured party, and received 61 Lphones equivalent to 796,300 won at the market price from the mobile phone agency from May 21, 2015 to May 28, 2015, and received 2,374,60 won at the total market price of 63 Lphones at the same time in the same manner as in the attached crime list (1) from May 21, 2015 to May 28, 2015.

Accordingly, the defendant was given property by deceiving the victim.

B. On July 2015, the Defendant: (a) stated that “A victim I, who is of intellectual disability 3 in the HPC room in the Nam-gu Seoul metropolitan area, sold a mobile phone and borrowed a mobile phone, will give KRW 5 million to thener.” However, the Defendant forced the victim to have a cell phone carrying machine equivalent to KRW 300,000 in the market price cited by the victim who did not respond thereto; and (b) on August 2015, the Defendant got the victim from the Dong name church in the Dong namedong-dong Dong-gu, Gwangju metropolitan area to take the victim’s bath to Kaoooth before towing.

J Trackedly, “A mobile phone change in the form of divorce.” However, as the victim refused this, the victim forced the victim to have a portable phone amounting to KRW 300,000,000, which was cited by the victim.

Accordingly, the defendant received property by threatening the victim.

2. The Defendants’ joint crimes are those with no certain occupation, and their cost of living, etc.