beta
(영문) 의정부지방법원 2013.09.02 2013고정339

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 13, 2012, the Defendant was sentenced to the imprisonment of eight months at the Suwon District Court for fraud, and the said judgment became final and conclusive on June 21, 2012.

1. On June 26, 201, the Defendant: (a) had no intent or ability to pay a fee by opening a Handphone in the victim B’s name; (b) had no intent or ability to pay a money to the victim when opening a mobile phone in the name of the victim; (c) had the victim deceptioned that “I will move KRW 200,000 for three months in one month if I open a mobile phone in the name of the driver, not a regular opening, but a opening, and a mobile phone with three to six months and opened a mobile phone.” (d) received a certified copy of the resident registration from the victim.

In addition, after accessing the Internet shopping mall's website, entering the victim's resident registration number, etc. and preparing a "personal mobile phone subscription contract", etc., the mobile phone "C" shall be opened and used, and it shall be defrauded without paying 842,340 won, without paying 842,340 won;

2. The same;

D. On July 9, 200, the fact was found to be used by the victim by opening the cell phone in the name of the victim, and the victim did not have the intent or ability to pay the fee by opening the Handphone in the victim’s name, as stated in the above paragraph (1). The victim, who was unaware of the victim’s intention or ability to pay the fee, by deceiving the victim to open and use the mobile phone “D” number in the victim’s name, thereby deceiving the victim into and using the “D” number in the victim’s name, thereby paying the total of KRW 1,404,490.

Summary of Evidence

1. The police interrogation protocol of the accused (including the statement section B and the statement section);

1. The police statement concerning B;

1. Complaint;

1. New subscription contract for each individual:

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes