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(영문) 부산지방법원 2020.04.14 2020고정56
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

The defendant (name B before the opening of the name) has no certain occupation and has a intellectual disability 2nd, and the victim C has no certain occupation and is a intellectual disability 2nd.

The defendant and the victim came to know about February 2019 that they were hospitalized in the E Hospital located in Busan Jin-gu, Busan and used the same sick room.

1. On February 21, 2019, the Defendant made a false statement to the victim that “If only the name is lent to open a new mobile phone, the Defendant would pay all the user fee and installment.” The Defendant sent the victim to the 1st floor G agency of Busan Jin-gu, Busan.

At this place, H mobile phone (SM-N960 NM jugal jugal 9) was opened in the name of the victim.

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 user fee and installment.

Accordingly, the Defendant, by deceiving the victim as above, did not pay the overdue charge of KRW 813,853 until July 2019, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On February 22, 2019, the Defendant made a false statement to the victim in the same manner as the above “1, and sent the victim to the I agency located in Busan, not more than Busan on February 22, 2019. At that place, the Defendant opened his mobile phone No. J (A2105 Omission XR) in the name of the victim. However, even if the Defendant opened his mobile phone under the victim’s name, the Defendant did not have any intent or ability to pay the user fee and installment. Accordingly, the Defendant, by deceiving the victim, did not pay the victim the overdue charge of KRW 324,660 by July 2019, thereby obtaining pecuniary benefits equivalent to the same amount. The Defendant got the victim to take part in the K agency located in Busan, not more than Busan, on February 22, 2019.

At this place, LONEX Pop was opened in the name of the victim.

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