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(영문) 수원지방법원 2020.08.26 2020고단2079

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2019, the Defendant against the victim B made a false statement to the effect that “If a mobile phone used is brought about, he/she will purchase it. If a mobile phone is opened through a new mobile phone, he/she will purchase 40-500,000 won according to type, and if the air system is brought about, he/she will bear the burden on the part of the additional charge for three months.”

However, even if the defendant was delivered a mobile phone from the victim, he/she shall pay the price or add it for three months.

There was no intention or ability to pay in lieu of money.

On December 11, 2019, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim the delivery of one proax (256GB) equivalent to KRW 1,738,000 at the market price at the scopic scopulation around December 11, 2019.

2. Around December 10, 2019, the Defendant against the victim E made a false statement to the effect that “The Defendant would purchase a mobile phone that was used to bring about a mobile phone to the victim. If he/she opened a new mobile phone and brought about the air system, he/she would purchase 40-500,000 won according to the type of the mobile phone, and bear the burden on the part of the additional charge for three months.”

However, even if the defendant was delivered a mobile phone from the victim, he/she shall pay the price or add it for three months.

There was no intention or ability to pay in lieu of money.

As above, the Defendant, by deceiving the victim as above, received from the victim one pro rata 11 (64GB) a pro rata 1,375,000 won at the same time and place as the market price, at the same time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Investigation report (victims and wire calls);

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to written confirmation of details of subscription, standard guide for radio service contracts, and written confirmation of subscription;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;