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(영문) 광주지방법원 2014.04.11 2013고단5548
사기등
Text

Defendant

Imprisonment with prison labor for A, for eight months, and for the crimes set forth in section 3. and 4. of the holding of the punishment against Defendant B, shall be sentenced to imprisonment.

Reasons

Punishment of the crime

Defendant

B On June 13, 2012, a person who was sentenced to imprisonment with prison labor for one year and a fine of six million won in the Gwangju District Court on the same day and the judgment became final and conclusive on the same day, and completed the execution of the sentence on January 7, 2013.

1. On June 1, 201, Defendant A’s sole criminal defendant committed a theft of the victim’s resident registration certificate after taking advantage of the victim’s personal information from the victim H’s house located in the Southernnam-gun G, and taking advantage of the victim’s intent to receive a loan under the victim’s name.

2. Defendant B’s sole criminal conduct

A. On April 18, 2013, the Defendant: (a) purchased a mobile phone with the consent of the J and applied for sale and opening of the mobile phone as if he would normally pay the purchase price and the use fee of the mobile phone; (b) received one set of the mobile phone amounting to KRW 69,600 from the victim at the same location; (c) used the said mobile phone from around that time until before July 9, 2013 to before that time; and (d) acquired the same amount of pecuniary benefits by removing the payment of the equivalent of KRW 154,860 of the said fee; (b) on May 8, 2013, the Defendant acquired the same amount of pecuniary benefits from the Plaintiff’s office located in Gwangju-gu Office from the date when the Defendant took out loans under the name of the Defendant as if he was N and transferred the funds to the Plaintiff, thereby deceiving the Defendant into the name of the Plaintiff to the same account.

3. On May 24, 2013, the Defendant submitted an application for the purchase of forged O's cell phone in the name of his/her intercompact agent in U.K., Gwangju Northern-dong, and applied for the sale and opening of the mobile phone as if he/she would normally pay the sales price and the service fee.

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