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(영문) 울산지방법원 2020.01.07 2019고정737

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2019, the Defendant was sentenced to one year of imprisonment for habitual larceny at the Ulsan District Court, which became final and conclusive on May 10, 2019.

【Criminal Facts】

The Defendant is a person who attended the Victim B from December 24, 2017 to June 2018.

1. Computer, etc. fraud;

A. A. Around January 2018, the Defendant: (a) made a false statement to the victim’s mobile phone that “I wish to use his/her mobile phone to use his/her mobile phone to use his/her mobile phone to use his/her mobile phone; and (b) installed the victim’s mobile phone filling method “C” with the victim’s mobile phone; and (c) made the victim enter the victim’s name, date of birth, cell phone number, etc. into the cell phone and processed information without authority; and (d) obtained financial benefits equivalent to KRW 287,260 by paying a small amount of KRW 287,260.

B. Around February 2018, the Defendant settled a small amount of KRW 266,060 and acquired pecuniary benefits equivalent to the same amount by making the victim enter the victim’s information into the mobile phone without authority as described in the preceding paragraph by making the victim enter the victim’s information into the mobile phone and process the information in a way like described in the preceding paragraph by making the victim enter the victim’s information into the mobile phone and obtain information processing at the address where the Defendant was in a place of address not exceeding Ulsansan, around February 2018.

2. Around February 10, 2018, the defrauded made a false statement to the E agency located in Ulsan-gu, Ulsan-gu, the Defendant concluded that “The Defendant would pay the victim the mobile phone opening and opening fee and the mobile phone usage fee in the name of the victim.”

However, the defendant did not have economic ability such as providing living expenses through the theft crime because there was no special revenue, so even if he opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the mobile phone normally.

The defendant deceivings the victim as above, and thereby deceivings the victim with an amount equivalent to KRW 1,076,90 on the same day from the victim.