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(영문) 부산지방법원 2017.10.18 2017고정994
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2013, the Defendant: (a) even if another person opens a mobile phone in the name of another person and let the Defendant use the mobile phone, the Defendant paid the fee or did not have any intention or ability to move the mobile phone name in the name of the Defendant, the Defendant would pay the fee to the victim B, and then transfer the mobile phone name within the second month.

The phrase “ makes a false statement.”

On September 13, 2013, the Defendant received and used a mobile phone (phone number D) from the victim who was not aware of the name of Ulsan-gun C from the victim on September 13, 2013. On October 2013, the Defendant continued to transfer the name of the victim with the mobile phone that was opened prior to the payment of the charge on the part of the victim.

"Along on October 5, 2013, the member made a false statement, and used the mobile phone (phone number G) in the F lodging located in Ulsan-gu, Ulsan-gu E with the victim's name, and had the victim pay a total of 2,040,280 won from September 2014 to September 5, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes to police investigation reports (the submission of detailed statements on the rates of H by the complainants and the submission of data on the price of terminal devices which are the complainants);

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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