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(영문) 광주지방법원 2021.03.24 2020고정784

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant around March 16, 2018, in the smoking room located near the underground parking lot of a C hospital located in the Nam-gu Seoul metropolitan area B, the defendant will pay the victim D the mobile phone fee.

“A false statement” was made.

However, even if the defendant opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the fee.

Nevertheless, as such, the Defendant, by deceiving the victim, received one mobile phone equivalent to KRW 1,254,00 in the market price that he/she was admitted to under the name of the victim from the damaged party, and received five mobile phones equivalent to KRW 5,321,00 in the total amount that he/she was admitted to under the name of the victim five times from March 16, 2018 to March 19, 2018 in the same manner as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes (No. 1 list of evidence);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.