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(영문) 서울북부지방법원 2017.11.01 2017고단2315

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2016, the Defendant opened a mobile phone using a mobile phone in the name of C and third parties, removed core chips, sold air chips to the winners, and conspired to divide sales proceeds. On June 24, 2016, C stored a image file which can e-mail file in the non-mail account he/she used, and notified the Defendant of the above e-mail ID and password to deliver it to E. The Defendant sent the victim’s identification ID and password from the victim’s management G located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the victim, Seoul Special Metropolitan City, so that he/she can look at the victim’s above e-mail ID and password, and received D’s image file by accessing the e-mail, and then, he/she paid the installments in good faith if he/she opened the mobile phone using the mobile phone.

However, in fact, the defendant did not obtain the authorization of the opening of the mobile phone from D and opened the mobile phone, removed the core chip and immediately sold the mobile phone to another person, while did not have the intention or ability to pay the installment and the agreed telecommunication fee.

Ultimately, the Defendant, in collusion with C, by deceiving the victim as above, received 2,261,60 won or more of the mobile phone 6s from the victim, which was opened in the name of D, and acquired 12,938,200 won or more, including 6s mobile phone 10, and 12,938,200 won or more of the mobile phone 12,938, or 200 won when gallon-ju, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A mobile phone list, loan certificate, or certificate of contents attached to the written complaint;

1. Application of Acts and subordinate statutes to report on investigation (to hear suspect A telephone statements);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.