(영문) 수원지방법원 안산지원 2018.11.14 2018고단3254

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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3254

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

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

Reasons

Punishment of the crime

1. On November 25, 2016, the Defendant made a false statement to the effect that “The parent of his/her mobile phone will open his/her cell phone in the name of his/her own cell phone and pay his/her mobile phone charges to the victim C so as not to cause any problem.”

However, at the time, the Defendant was unable to meet the above debt and living expenses due to the Defendant’s monthly income from the obligation to pay the mobile phone fees, etc., and even if the mobile phone was opened under the victim’s name, the Defendant did not have any intent or ability to pay the cost of the mobile phone devices and charges opened under the victim’s name, on the ground that it was planned to dispose of the mobile phone immediately and to use it for the repayment of the cost of living and the obligation.

Nevertheless, the defendant deceivings the victim as above and consented to the opening of the cell phone in the victim's name. Upon the issuance of the victim's resident registration certificate, the defendant applied for the opening of one cell phone in the victim's name at the mobile phone sales agency located in Ansan-si, and opened one cell phone through the LGU radio operator, and then issued one cell phone in the amount of 99,000 won.

2. On March 15, 2017, the Defendant changed the devices of mobile phones opened in the four names to the victim C at an insular area (hereinafter referred to as the “insular phone”).

A false statement was made to the effect that the mobile phone fee would not cause any problem by properly paying the mobile phone fee.

However, at the time, the Defendant was in the same situation as the statement in Paragraph 1, and even if the devices are changed under the victim’s name, the mobile phone device was disposed of immediately and was planned to use the cost for living and repayment of debts, and thus, the mobile phone device was opened in the victim’s name.

유사 판례

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