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(영문) 청주지방법원 2017.02.28 2016고정896

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 2012, the Defendant would offer 100,000 won paid from the cell phone store to the victim D by lending the name of the cell phone to the victim D, which is located in the C Disabled Medical Center for the Disabled Person B, Chungcheongnam-gun, Chungcheongnam-gun, 204.

The mobile phone fee was false, stating that the mobile phone fee will be paid at home.

However, the Defendant did not have the ability or intent to pay 100,000 won agreed upon to the victim, and was in bad credit without any special income or property at the time, so even if the Defendant opened and uses the mobile phone in the name of the victim, he did not have the intention or ability to pay

On May 30, 2012, the Defendant had the victim open a cell phone in the name of the victim from G Communications operated by F in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, and had the victim use the cell phone in the name of the victim as above, and exempted the victim from paying a sum of KRW 1,486,670, the Defendant acquired property profits equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of statutes governing a new contract of sk service;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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.