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(영문) 광주지방법원 목포지원 2018.05.11 2018고정81
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 28, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a period of ten months, such as computer, and the judgment became final and conclusive on July 6, 2016.

On December 8, 2014, the Defendant would make a loan to the victim B at the mutual influence mobile phone agencies located in the two villages in Gwangju-gu, Seo-gu.

To obtain a loan, the telephone call must be made.

He made a false statement that he would pay a fee from the account in the face of the State by opening his mobile phone under his name.

However, the defendant did not have an intention or ability to pay telephone charges, merchandise coupon purchase charges, etc. even if he receives cell phone from the injured party.

The Defendant: (a) by deceiving the victim as above and using the cell phone from the victim; (b) did not pay 629,020 won in January 2015; (c) 644,400 won in February 2015; and (d) did not pay 525,30 won in March 2015; and (c) obtained property benefits in the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Urging to pay unpaid charges;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and report (a copy of the judgment, etc.);

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

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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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