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(영문) 인천지방법원 부천지원 2019.01.10 2018고단3170

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

[criminal power] On August 20, 2015, the Defendant was sentenced to a suspended sentence of ten months for special larceny, etc. at the Changwon District Court, and the suspended sentence was revoked on February 19, 2016 and the sentence of ten months was finalized. On May 12, 2016, the Defendant was sentenced to seven months of imprisonment for special larceny in the Sungwon District Court’s Sungnam branch, and the execution of the said sentence was completed in the female prison on September 30, 2016.

【Criminal Facts】

1. On May 26, 2018, the Defendant made a false statement to the victim Z of the Gu, the Gu, the Siksu Park in the vicinity of the digital branch of Guro-gu, Seoul, stating that “If a cell phone is opened in the name of the Gu, the Defendant would sell the cell phone and give the price to the width.”

However, even if the defendant sold the mobile phone opened in the name of the victim, he did not have the intention or ability to return the price to the victim.

Nevertheless, the Defendant, at a mobile phone store where it is difficult to know the trade name located in the Seoul Ydong on the same day, had the victim open two cell phones of 1,557,600 won per market value, which is equivalent to 1,57,600 won per mobile phone, and had the victim open the cell phone of 256GB, and around June 2, 2018, the Defendant got the victim open the cell phone of 1,557,60 won per market value from the cell phone store in Seoul A.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 4,672,80 on a total of 3 mobile phones over two occasions.

2. On May 26, 2018, the Defendant using computers, etc.: (a) based on the fact that the Defendant was holding a core chip under the victim’s name in the vicinity of the new forest station in Gwanak-gu, Seoul Special Metropolitan City on the following grounds: (b) inserted the relevant core chip into the Defendant’s mobile phone; and (c) access the Defendant’s mobile phone site at the State’s small shopping mall site to the amount of 70,000 won at the market price.