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(영문) 대구지방법원 서부지원 2019.02.22 2018고단1095

사기등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 1095"

1. Around 20:40 on September 18, 2017, the Defendant: (a) received the victim’s “D” restaurant operated by the victim in Daegu-gu, Daegu-gu, for the use of a computer, etc. on the victim B; (b) obtained the victim’s cell phone (E) from the victim; and (c) obtained the victim’s cell phone (E) with the victim’s mobile phone; (d) installed the victim’s mobile game display case; and (e) paid the victim’s modified item of KRW 495,00 by entering information without the victim’s consent; and (e) obtained pecuniary benefits equivalent to that amount.

2. Crimes related to victim G;

A. On October 23, 2017, the fraud Defendant visited I agencies located in H 1st floor of Daegu-gu, Daegu-gu, with the victim who was at the time of teaching, and made a false statement to the effect that “The victim will lend his/her membership in the cell phone.”

However, at the time of fact, the defendant did not have the intention or ability to pay the charge even when using the cellular phone in the victim's name.

The Defendant had the victim take a new mobile phone number J on the same day, and had the victim take a disposition of disposal that is liable to pay mobile phone charges, etc. from March 2018, and the Defendant obtained pecuniary benefits equivalent to the same amount on behalf of the victim from March 2018.

B. The Defendant was using computers, etc.: (a) on November 2017, 201; (b) on December 12, 2017; and (c) on January 2018, 2018, the Defendant: (a) was able to temporarily lend the core of K’s mobile phone numbers used by the victim on three occasions; (b) was inserted into his/her mobile phone devices; and (c) thereafter, was inserted into the content usage fee of KRW 1,00,000 by January 2018; and (d) without the consent of the victim, information amounting to KRW 1,40,000.