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(영문) 대구지방법원 포항지원 2016.08.26 2016고정103

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

On June 18, 2015, around 19:00, the Defendant opened a mobile phone in the name of the victim D for the reason that he/she did not have his/her work experience at a “C” mobile phone agent located in Nam-gu B, Nam-gu, Nam-gu, and the Defendant paid his/her own and terminated the terminal fee after three months.

However, even if the defendant opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the mobile phone fee properly.

Nevertheless, the Defendant: (a) opened two cellular phone E and 2 cellular phone calls for the victim as above; and (b) took a total of KRW 2,566,514, including mobile phones and unpaid charges.

Summary of Evidence

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;