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(영문) 청주지방법원 충주지원 2017.12.05 2016고단1025

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On October 5, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Cheongju District Court, and the judgment became final and conclusive on November 28, 2016.

[Criminal facts] The Defendant conspired with B on February 29, 2016, in the vicinity of “D,” a mobile phone sales store located in the voice C of Chungcheongbuk-gun, a mobile phone sales store located in “D,” the victim E, who is also facing the four credit rating of the main text of the mobile phone.

However, we are responsible for and pay the horse price or the use fee.

After using only three months for the three-month period, the test for the payment of all the termination expenses, and the mobile phone 2 shall be changed."

However, even if the defendant and B received the cell phone from the person who suffered from the fact, they have immediately thought to sell the cell phone to the person who suffered from the fact, and there was no intention or ability to pay the end price or the use fee while using the cell phone under the victim's name for three months.

Nevertheless, as seen above, the Defendant and B made a false statement to the victim, that is, from the victim, he was delivered to the victim after opening two mobile phones with the phone number of 64 flus flus 64 in each of the city at the seat of one million won.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. B Legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. A complaint filed by E;

1. A detailed statement of each mobile phone fee;

1. An inquiry letter about credit information;

1. Nene map;

1. Each investigation report (suspect B credit information inquiry, and confirmation report on the place of committing this case);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation report (the suspect A's confirmation report on the same criminal history);

1. Article 347(1) of the Criminal Act in relation to the crime, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of a fine (the crime of this case is committed by the Defendant in collusion with B by deceiving two handphones equivalent to KRW 2 million from the damaged person.