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(영문) 광주지방법원 2019.06.12 2018고정1306

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2018, the defendant was sentenced to four months by the Gwangju District Court for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the judgment became final and conclusive on February 12, 2019.

On June 18, 2016, the Defendant called the victim B (the age of 19) by phoneing the phone opening to the victim B (the age of 19) and called the “not to use the mobile phone opening in the name of the bad credit holder. If the Defendant borrowed the name, he would use the mobile phone opening in the name of the mobile phone and pay the fee.”

However, even if the defendant opens and uses a mobile phone in the name of the victim, he/she did not have the intention or ability to pay the fee normally.

Nevertheless, the Defendant, by deceiving the victim as above, received identification cards necessary for opening the cell phone from the victim, opened the cell phone in the name of the victim, and used the amount equivalent to KRW 1,406,360 from July 7, 2016 to February 2, 2018, thereby acquiring property benefits equivalent to the same amount as the Defendant did not pay the said fees.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Protocol of the police statement concerning B;

1. Application form or request for the opening of a mobile phone;

The detailed statement of gold;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of criminal punishment several times (including the crime of fraud), the damage has not been recovered, the scale of the defrauded of this case, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, means and consequence of the crime, etc., the amount of fine for the summary order shall be determined as appropriate, and