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(영문) 대전지방법원 2014.06.17 2014고단1267

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On February 19, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in Seoul Southern District Court and two years of suspended sentence on February 27, 2013, and the said judgment became final and conclusive and is currently under suspended sentence.

C is a defendant's social worship, and the victim D is a defendant's pet who has taught with a police officer in June 2012.

1. Around July 1, 2012, the Defendant and C made a false statement to the victim D with the fact that “I would have no money. I would like to open a mobile phone in four names and make a living cost with subsidies from cell phone and sales money from cell phone sales, and use it together. I would be responsible for the payment that I would be fully responsible for not causing damage to four cell phone openings.”

However, even if the defendant and C opened a mobile phone in the name of the victim, they did not have the intention or ability to pay the above installment.

Therefore, in collusion with C, the Defendant: (a) by deceiving the victim; (b) caused the victim to open two mobile phones from “F” mobile phone agencies located in Daegu-gu, Daegu-gu, on July 2, 2012; and (c) received the amount equivalent to KRW 2,69,400, total market value of three mobile phones (G, H, I) from the victim.

2. Around July 14, 2012, the Defendant and C directed the Defendant to steals money and valuables, such as the victim’s cell phone value of one cell phone (J) located within the rear seat of the said vehicle and the amount equivalent to 89,800 won in the victim’s cell phone value located within the rear seat of the said vehicle, which was parked on the street front of the shouldered number number 5 car of the C, which was parked in the front of the road located in Yongcheon-si, Youngcheon-si. Accordingly, the Defendant stolen money and valuables from the victim’s cell phone and cash amount of KRW 10,00 and the current department store located in the victim’s name.

Accordingly, the defendant is owned by the victim in collaboration with C.