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(영문) 광주지방법원 2016.12.02 2016고정1325

사기

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The Defendant posted a letter to B and Pest that resolving the unpaid charges on mobile phones, paid the unpaid charges on the mobile phone to the reported person, received the mobile phone in his/her name, opened the mobile phone, and conspired to raise cash by selling it, and put a letter to his/her own Facebook.

At around 15:00 on August 7, 2014, the Defendant made a false statement with B to the effect that “A victim who reported and contacted Pins North Korea at the coffee shop located in Yongsan-gu Seoul, Yongsan-gu, Seoul, would open two mobile phones to pay the unpaid mobile phone price, and would be responsible for all of the mobile phone charges and the mobile phone price.”

However, the defendant only intended to use cash by selling the mobile phone that the victim opened, and there was no intention or ability to pay the victim additional money or the mobile phone charges or the mobile phone charges imposed in the name of the victim.

At around 18:30 of the same day with B, the Defendant had the victim in Jongno-gu Seoul Metropolitan Government D open two mobile phones with the total market value of KRW 1.8 million in the name of the victim, and received the delivery.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act include the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.