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(영문) 부산지방법원 2016.08.25 2016고단3820

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 was aware of the real name of the victim E in the Internet Facebook North Korea, and received the victim E from the speaker, and used the fact that the victim lacks the ability to judge and deal with the situation due to intellectual disorder, etc., thereby deceiving the money from the victim.

1. The point of obtaining money from the mobile phone sales proceeds;

A. On May 27, 2016, the Defendant had a person who purchased a mobile phone from the victim at the EP G agency located in Busan Southern-gu, Busan-gu, and the victim.

If a cell phone is opened in four names, the opened mobile phone will be sold to the person and the sales proceeds will be paid to thener.

If so, the performance of the person is also erroneous.

The opening of the mobile phone will be terminated after six months, and the end of the mobile phone for which the payment of the mobile phone and the telephone fee are to be made for the six-month period is to be borne only by the installment of the terminal which is 20,000 won per month.

“A false statement” was made.

However, the defendant thought that the sales proceeds of the mobile phone without certain occupation or import will be consumed for the defendant's living expenses, so even if the victim opens the mobile phone, there was no intention to pay the victim the sales proceeds of the mobile phone, and there was no intention or ability to pay the simple installment and the service charges.

The Defendant had the victim open 1,130,80 won of the market value on the same day to the victim's name, and acquired 700,000 won of the horse sales proceeds.

B. On May 28, 2016, the Defendant got the victim to open one cell phone (K) in the victim’s name by means of the same manner as described in paragraph (1) above 1, the Defendant received KRW 725,000 from the end payment of KRW 725,00 from the victim, by allowing the victim to open one cell phone of KRW 1,130,80 in the market price in the same manner as described in paragraph (1) above.

(c)

The defendant on May 28, 2016.