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(영문) 서울북부지방법원 2017.11.21 2017고정1714
사기
Text

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

On February 21, 2012, the Defendant used the personal information of the victim SK Br World Co., Ltd. in his/her name, and applied for joining two lines each month of the monthly fee of 45,800 won and the contract period of 3 years Internet, using the personal information of C in his/her name.

However, there was no consent from C to open and use the Internet under his name, and there was no intention or ability to pay the fee even if the Internet service was provided by the injured party, such as bad credit standing without certain income at the time.

The Defendant, by deceiving the victim and allowing the victim to open the Internet 2.8 million won from the Incheon Gyeyang-gu Incheon Gyeyang-gu and 104, the Defendant’s residence, and the Dong-gu Incheon Bupyeong-gu and 104, which are the residence of the Defendant, around that time, and received the total of KRW 2.80,00 won from the time of receiving the Internet service from the victim until January 31, 2013, and did not pay a total of KRW 422,604, the Defendant acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An application for membership;

1. A contract for verification and use of services;

1. Details of claims;

1. Application of statutes to the notification of acceptance of claims;

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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