사기
1. Defendant shall be punished by a fine of KRW 1,000,000;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1
Punishment of the crime
[ although the indictment does not contain the part of the record of the crime, the facts of the criminal records constituting concurrent crimes after Article 37 of the Criminal Act are not criminal facts but criminal facts, and the facts of the criminal records can be recognized by the following evidence, this part of the indictment shall be added.]
On May 18, 2016, the Defendant was sentenced to imprisonment for one year and six months at the Gwangju District Court for fraud, and the judgment became final and conclusive on August 3, 2016.
[2] On July 23, 2013, the Defendant phone a call to an employee of the Victim C (Representative D) Co., Ltd. and applied for services such as LGU Internet through C.
This service will be used for more than one year and the cost will not be paid in arrears.
The service cost will be paid by means of automatic transfer from KEB E in the KEB bank.
As such, I made a false statement to the effect that “TV, which is the goods, paid by the new company, is changed to B.”
However, in fact, the above account did not have any particular balance, while the defendant did not have any particular occupation, and there was no intention or ability to pay the above service cost for not less than one year, since the defendant thought that the above TV was obtained through a delivery of the said TV.
Nevertheless, on August 2, 2013, the Defendant, by deceiving the victim as such, obtained a delivery of 4.10,000 won from the second floor of the F Building in Jung-gu, Daejeon on August 2, 2013, from the victim and acquired it by deception.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of D;
1. Receipts, certificates of deficiencies of LGU services, and service applications;
1. Investigation report (the details of telephone communications with actual D);
1. Previous convictions in the judgment: (A) of a defendant's legal statement, criminal history, and other inquiries, and the text of the judgment (2015 order 5109) and the text of the judgment (2016 No. 1757) shall apply;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Handling concurrent crimes;