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(영문) 대구지방법원 2017.05.24 2017고정286

사기

Text

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

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

Reasons

Punishment of the crime

1. On July 20, 2015, the Defendant against the victim B sent the victim a telephone at a mobile phone agency operated by the Defendant in Daegu Suwon-gu, Inc., Ltd., a mobile phone agency, and then sent the victim a cash of KRW 283,000, the Defendant would be able to electronically process him/her so that he/she can use a cellphone carrying phone without a short term.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intention or ability to make electronic registration so that installment payments can not be paid to the victim.

The defendant deceivings the victim as above and received 283,000 won from the victim as the price for the mobile phone terminal on the same day.

2. On January 7, 2016, the Defendant against the victim E would make electronic data processing so that he/she can use a 6 mobile phone device without paying a short term, if he/she sent 50,000 won in cash to the victim at the place described in paragraph 1 of the same Article.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intention or ability to make electronic registration so that installment payments can not be paid to the victim.

The defendant deceivings the victim as above and received 550,000 won from the victim as the price for the mobile phone terminal on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. The application for compensation, etc., text messages, references to the details of transfers, the details of requests, the details of requests, receipts, and the application of statutes on the Kakao dialogue.

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;