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(영문) 인천지방법원 부천지원 2016.11.10 2016고정1130

사기

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around June 2015, the Defendant called the victim B, who was a branch, to the effect that “If the name is lent to open one cellphone, 200,000 won will be given. The cell phone name is called as “I do not see whether the cell phone name is to be immediately changed.”

However, the Defendant was thought to use the Defendant’s debt owed to C, etc. by opening several cell phones in the name of the victim, using them in small-sum settlement, etc., or selling the aforementioned mobile phone, etc., and there was no intention or ability to immediately change the name of the mobile phone, and there was no intention or ability to pay the amount promised to the victim.

As above, the Defendant, by deceiving the victim and obtaining permission for the opening of the cell phone from the victim, opened one cell phone (D), around the 8th day of the same month, around the 9th day of the same month, and around the 18th day of the same month, respectively, in the name of the victim, using personal information of the victim, and opened one cell phone (F), and sold the said cell phone as a large phone to others after using the said cell phone, and thereafter, did not pay 5,490,000 won in total (including the value of the cell phone, the small amount of payment, etc.) of the above cell phone imposed on the victim.

Accordingly, the defendant acquired 5.49 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and C (list 2, 8);

1. The application of the contract (List 3), each statement of claim for charges (list 4, 5, and 6), details of purchase (list 7) 1, investigation report (list 13) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act and the fine concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confession of the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order: The victim is not subject to punishment by mutual consent for the partial recovery of the damage and the original consent.