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(영문) 인천지방법원 부천지원 2012.11.08 2012고단586
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 26, 2011, the Defendant was sentenced to a suspended sentence of eight months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on August 3, 2011.

【Criminal Facts】

On March 2008, the Defendant made a false statement to the effect that, at the F Office of the F Office of the Defendant’s Operation of the 402 Sin-U.S. Sincheon-si Ebuilding 402, the Defendant “I would make a large amount of telephone calls generated by opening a mobile phone in the name of the victim, using a mobile phone opened through a large amount of the mobile phone, and receive the fees from I, and would make payment of the purchase cost of the mobile phone and the mobile phone fee, and one-half of the fee remaining after such opening will make profits to the victim.”

However, in fact, since the defendant thought that he would incur false call volume and receive the fees therefor, it is uncertain whether he will maintain the business. If the mutual debt and debt under the communications business transaction relation between F Co., Ltd. and I continued in the past, which the defendant had been settled monthly set-off between F Co., Ltd. and I, it is reasonable for F Co., Ltd. to have no fees actually paid by F Co., Ltd., and there was no specific implementation plan that can actually receive profits from the victim through the communications business with I by using the cell phone received from the victim. Accordingly, the defendant did not have an intention or ability to pay the fees and other profits that he promised to pay to the victim.

Accordingly, the Defendant deceiving the victim as above and received 244 mobile phones from the victim from March 26, 2008 to June 12, 2008 from the victim’s name, and received 26,50,000 won for purchase and 36,722,941 won for currency charges from March 26, 2008 to July 9, 2008.

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