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(영문) 부산지방법원 2018.02.07 2017고단4977

사기

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, along with D, conspiredd those who need money to open a mobile phone with D, to have them open a mobile phone and let them open a mobile phone and to distribute the proceeds of the disposal of the mobile phone.

1. Fraud against the victim E, F, G [The victim H’s “W” in the victim E, F, and the victim E, 24, 25, and 26 of the attached List of Crimes (1) is corrected to “G”], I, J, K, L, M, and N

A. On August 16, 2015, the Defendant and D made a false statement to the victim J that “if a cell phone is opened and maintained for three months by opening the cell phone, one million won out of the rebates will be paid.”

However, the defendant and D did not have any intention or ability to pay the money that the injured party promised to pay to the injured party even if the injured party opens a mobile phone.

The Defendant and D, as above, purchased three copies of a mobile phone application form from the victim, and submitted them to P who operates a mobile phone agency with the trade name called “O” and submitted them to P, which is equivalent to KRW 1,056,00 of the market price on the same day and KRW 1,056,00 of the following day, respectively, and disposed of three mobile phone units from around 26 times to September 21, 2015 from around 200 to around 26 times in total by the same method as the attached crime list (1). The Defendant and D opened 26 mobile phone units equivalent to KRW 26,264,80 in total at the market price in the same manner as the victim E, F, G, I, K, K, L, M, and then acquired financial benefits.

B. The Defendant and D may open a mobile phone at the time and place indicated in the “A” paragraph, and at the time and place, the victim J only have to make a settlement with the cell phone currently used.

When a mobile phone is opened, a false statement was made to the effect that the mobile phone “to pay the small amount of settlement immediately.”

However, the defendant and D are even if the injured party settle a small amount of money on a mobile phone.