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(영문) 서울중앙지방법원 2018.06.12 2018고단2017

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal records] On August 20, 2014, the Defendant was sentenced to a suspended sentence of three years for a crime of fraud at the Seoul Western District Court, which was sentenced to a suspended sentence of three years for a crime of fraud. On December 21, 2017, the Seoul Central District Court sentenced two years and six months to imprisonment for a crime of fraud at the Seoul Central District Court, and the said judgment became final and conclusive on April 14, 2018.

[Criminal facts]

1. On August 2015, the defrauded of the cost of mobile phone devices and the cost of the use of the mobile phone by the Defendant is in possession of the victim E and the victim’s resident registration certificate, etc. which the victim saved in Seoul around August 2015, in the foregoing temporary influence, and the Defendant changed one cell phone in the victim’s name at the above temporary influence. The Defendant would normally pay the victim the cost of the mobile phone devices and the cost of the use every month.

“A false representation was made.”

However, the defendant did not have any intention or ability to pay the cost of equipment and the cost of use normally even if he received a mobile phone opened in the name of the victim due to no particular property or revenue at the time.

On August 16, 2015, the Defendant had the victim open only one unit of the LG U mobile phone in the name of the victim at the LG U mobile phone agency located in the Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim's name, and received the same and acquired the financial benefits equivalent to the total amount of KRW 1,694,716.

2. In August 2015, the Defendant acquired the loan money by telephone to the victim on the Baman, which reads as follows: “If the Defendant borrowed KRW 20 million in the name of four to borrow money from the victim, the Defendant would pay 100,000 won per month to thener and pay all the principal and interest of the loan within five months at any latest.”

However, in fact, the Defendant had no plan to operate clothes at the time and had the intention to repay the existing debts, etc., so even if the Defendant received a loan under the name of the victim and received the loan, there was no intention or ability to pay the loan normally.

The defendant.