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(영문) 창원지방법원 2013.06.25 2012고정1348

사기

Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant made a false statement to the victim B in front of the Sungwon-dong Civil Sports Center in Changwon-si, Changwon-si, Sungwon-si, that “I will be able to use the cell phone with the tag attached to it without any delay in charge, if I lend the cell phone. I want to lend it.”

However, even if the defendant borrows a mobile phone, he did not have the intention or ability to pay the telephone fee.

The Defendant borrowed his mobile phone from the victim to February 28, 2012 and used it from around that time to February 28, 2012 and did not pay a charge of KRW 1820,000.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to accusation, loan certificates and documentary evidence;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.