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(영문) 서울북부지방법원 2017.06.29 2017고단1699

사기

Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2, 2015, the Defendant committed a crime on or around January 2, 2015, in the form of C Kakao Stockholm message from Dobong-dong, Seoul Special Metropolitan City around January 2, 2015.

With the suspension of the Handphones, the Court held that the Handphones are opened and the Handphones and equipment value generated after the opening of the Handphones are to be repaid without a mold.

C has believed the promise and allowed the defendant to use his name, and the defendant purchased No. 4 mobile phones in the name of No. 3 and opened and used them in the name of the same day, and until October 12, 2015, the total amount of the mobile phone price and the fee for use was 4,200,720 won.

However, at that time, the Defendant had an obligation of 30 million won or more, and there was no special property or income, and there was no intention or ability to pay mobile phone prices or user fees as promised.

The defendant acquired and acquired the pecuniary profits of 4,200,720 won by deceiving the victim C.

2. On February 13, 2015, the Defendant: (a) called, “Around February 13, 2015, the Defendant, who committed a crime, called, called, “I would complete payment without mold if I would have to pay the money to the Seoul Insurance Company.”

C sent 14,640,750 won, in total, 19 times from around the same day to June 30, 2015 under the same name as the list of crimes in attached Form 1,280,766 won, in trust of the horses, from around the time to around June 30, 2015.

However, as seen earlier, the Defendant did not have any intent or ability to complete payment as promised even if he borrowed money.

The defendant got 14,640,766 won by deceiving the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;