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(영문) 대구지방법원 서부지원 2017.06.22 2017고단987

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant, who was aware of the fact that he got out of the Republic of Korea with BC, led to a shortage of living expenses, etc., using his identification card that he acquired by an influenite method, misrepresented the defendant into BD and opened the cell phone at the mobile phone sales store in physical color BC, and conspired to sell it to use it as the living expenses of the defendant.

According to the above public offering, BC made a false call to the victim BE, an employee of the mobile phone sales store, who was known to the general public around August 14, 2012, and made a false call to the victim BE, “I want to open two mobile phones, one of which is to use, and one of which is to open a mobile phone to BD, and the Defendant made a false call to the victim on the same day and made a false call to open two mobile phones while making a false call to the victim as he is the BD himself.

The Defendant received one mobile phone in Samsung Gallon, which is equivalent to the market price of KRW 99,90,00, from the injured party in Samsung GF apartment 603 Dong-gu BF apartment 605,00, from the injured party through the same day, when Samsung Gallon, which is equivalent to the market price of KRW 1,027,40,00, was delivered.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against the defendant or BG;

1. Statement made by the police with respect to the BE, and petition filed by the BE;

1. Application of Acts and subordinate statutes for new contracts for services in the name of BD, a copy of identification card in the name of A, and BD;

1. The relevant legal provisions of the criminal facts and the reasons for sentencing under Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act [the scope of recommendation] [the scope of general fraud]] and there is no person [the person who is subject to special sentencing] in the basic area (six months to one year and six months] [the decision of sentence] [the person who is subject to special sentencing] [the fact that the defendant makes a confession and is in depth, the considerable period from the time when the crime was committed, and similar cases].