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(영문) 광주지방법원 순천지원 2019.05.30 2018고단2779

사기

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendants’ co-principal is a friendship, and the victim C is a first-year high school of Defendant A, and the Defendants were willing to open a cell phone in the victim C’s name and sell it.

Defendant

On February 7, 2018, A made a false statement to the E agency located in Jeoncheon-si D that “A will open a cell phone and pay the price and the user fee to the victim.”

However, in fact, the defendants did not have the intention or ability to pay the mobile phone price and the user fee after opening and using the cell phone in the name of the victim.

Nevertheless, the Defendants: (a) deceiving the victim as above; (b) let the victim open one unit of Aphone X mobile phone (F) equivalent to KRW 1,57,600 from the above agency on the same day; (c) around February 9, 2018, the Defendants paid KRW 150,000 from G to February 12, 2018, and paid KRW 50,000 from G using the above mobile phone; and (d) made the victim subrogated for the sum of KRW 2,207,60 from around that day to February 20, 2018; and (e) made the victim pay the sum of KRW 8,430,40 on four occasions in total, and exempted the victim from paying the same amount.

As a result, the Defendants conspired to obtain financial benefits equivalent to KRW 8,430,400 from the victim.

2. Defendant B

A. On June 22, 2018, the Defendant was driving a M2-man vehicle under the influence of alcohol with a blood alcohol content of about 0.148% from the 40-meter section from the J convenience store located in J in the Yacheon-si I to the roads in K in the front of the Lnonoe bank located in K.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

B. Violation of the Guarantee of Automobile Loss and Sea Force Guarantee Act: (a) the Defendant is the holder of the above body-man vehicle; and (b) the second person.

The above vehicle shall not be covered by mandatory insurance at the time and place mentioned in the paragraph.

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