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(영문) 대전지방법원 천안지원 2018.07.03 2018고정207
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B were in the past relationship.

On May 24, 2016, the Defendant used one cell phone in the name of the victim in Dongducheon City C Building 104, and transferred the cell phone in his/her own name after using only three months from the opening of one cell phone in the name of the victim, and both the mobile phone use fee and the installment of the mobile phone use fee and the device are paid to the victim B.

“A false representation was made.”

However, even if the defendant joined a mobile phone opened in the name of the victim, he did not have any intention or ability to transfer the name or make a short-term installment and pay user fees.

The Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of 6S from the victim who opened the phone in the name of the victim; and (c) used the 6S; and (d) acquired a total of 1,342,870 won of the mobile phone charges and the terminal payments.

Summary of Evidence

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on mobile phone new contracts, debt certificates, and message details (Evidence No. 2, 37 pages or less of evidence);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 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;

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