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(영문) 부산지방법원 2013.06.13 2012고단10565

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

"2012 Highest 10565"

1. Around 14:00 on April 15, 2012, the Defendant made a false statement to the victim D and E that “If 20 mobile phone openings are recommended to exchange a new mobile phone while soliciting to exchange a new mobile phone, it shall not cause any damage on the charge of the existing unpaid telecommunications rates.”

However, the fact was that all of the mobile phones opened in the name of the victims were sold to those who are not known, and that they had them continue to use the mobile phone so that they would acquire property benefits equivalent to the cost of use.

Nevertheless, the Defendant, after making a false statement to the same purport, opened 20 cell phoness which the victims joined in the name of the victims, received from the victims until September 2012, and received them to the victims, claimed a total of KRW 13,677,305 as stated in the separate crime inundation (1) by claiming the amount of KRW 13,67,305, such as the installment payments of 20 cell phones and the amount of money used.

"2013 Highest 2193"

2. On April 1, 2012, the Defendant made a false statement to the victim G, H, and I that “A foreigner shall open a cell phone other than his/her own cell phone, and even if he/she opens a cell phone, he/she shall not get off the cell phone.”

However, even if the foreigner did not have a duty to open only one cell phone, the defendant opened the cell phone in the name of the above victims more than one cell phone, and then sold it to the above victims, and then the defendant increased the result of the defendant's performance and obtained the pecuniary benefits equivalent to the price.

As such, the defendant deceivings the victims, received five cell phone calls from the victims, and opened them in the name of the victims, and attached Form 5 to the victims.