beta
(영문) 서울중앙지방법원 2015.07.03 2015고정2048

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

On April 27, 2012, the Defendant made a false statement to the victim B, “The cell phone sales store located in Jongno-gu Seoul sublime-dong would have to contact with the victim B at the beginning of sales promotion business. On the other hand, the Defendant would pay each month the face-to-face and the monthly payment in the name of the complainant.”

However, even if a mobile phone is opened in the name of the victim, there was no intention or ability to pay the mobile phone installments and charges.

Accordingly, it has opened a mobile phone model SHV-E120K in the name of the victim (890,000 won at a market price) and a mobile phone (a model name A820L313024) with another mobile phone (a market price of 899,800 won at a market price). After selling the opened mobile phone to non-persons, it has taken a total of 3,911,990 won in arrears by selling the closed mobile phone name to non-persons and then has 2,122,190 won in arrears.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (related to the opening of Handphone C):

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;