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(영문) 부산지방법원 서부지원 2018.02.12 2017고단635

사기등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Facts charged;

A. On July 8, 2016, the Defendant proposed that “The Defendant would buy money from a mobile phone via the phone name in the main machine, and the mobile phone charges and installments are responsible for and pay for it,” at the D coffee shop located in Busan Y-gu, Busan Y-gu around July 8, 2016, and Party E accepted this.

Therefore, the Defendant, along with E, committed as if the victim G agency located in Busan Jung-gu in the same day, to open and use the mobile phone normally, and opened one of the phone 6S mobile phones (H) in the name of E in the amount of KRW 1,130,800 in the market price.

However, in fact, since the mobile phone opened to raise money due to no special revenue at the time was planned to be sold immediately, there was no intention or ability to pay the end payment at the time even if the mobile phone was opened.

As above, the defendant deceivings the victim and received the above mobile phone delivery on his job.

Accordingly, the defendant was given property by deceiving the victim.

2) On July 9, 2016, the Defendant: (a) opened a mobile phone in the name of E, as described in the foregoing paragraph 1; and (b) requested E to open an additional mobile phone.

Therefore, on July 9, 2016, the Defendant: (a) opened one of the phone number 60 mobile phones (phone number I) in the name of E in the name of the agent of the victim E Telecom Co., Ltd. in a place not exceeding Daegu around July 9, 2016.

However, in fact, since the mobile phone opened to raise money due to no special revenue at the time was planned to be sold immediately, there was no intention or ability to pay the end payment at the time even if the mobile phone was opened.

As above, the defendant deceivings the victim and is on his job.