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(영문) 부산지방법원 서부지원 2020.07.22 2020고단439

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On October 18, 2019, the Defendant was sentenced to 4 months of imprisonment with prison labor and 2 years and 6 months of imprisonment with prison labor for fraud, etc. in the branch court of the Busan District Court, and the judgment became final and conclusive on February 10, 2020.

【Criminal Facts】

On November 8, 2018, at the C mobile phone sales store located on the first floor of the Busan-gu Busan-gu building B, the Defendant: (a) opened the Handphone XS 1 in the name of the victim at the request of the victim D; (b) sold the Handphone 1 in the name of the victim; (c) sold the Handphone 1 in the middle part; and (d) agreed with the victim to deliver the fchips contained in the above mobile phone to the victim.

On the same day, the Defendant had the victim open the above mobile phone and then received the above mobile phone from the victim, but did not return the core chip contained in the above mobile phone, installed the victim's chip to the mobile phone and then settled 110,000 won in total from January 16, 2019 as shown in the list of crimes in the attached Table, and settled the total amount of 1,473,80 won from that time until January 16, 2019.

Accordingly, the defendant acquired financial benefits equivalent to 1,473,80 won in total by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Details of small-sum settlement;

1. Division: Application of two Acts and subordinate statutes to two copies of the judgment, such as criminal history records, etc. inquiry report, Busan Western District Court Decision 2018 Highest 2799 (Case No. 2018 Highest 2799) and Busan Western Branch Decision 2018 Highest 27999;

1. Relevant Article 347-2 of the Criminal Act and the choice of a fine for the crime;

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

1. The decision shall be rendered simultaneously with the previous conviction in the latter part of Article 39(1) of the Exempted Criminal Act, which reflects the defendant's wrongness; and