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(영문) 부산지방법원 동부지원 2017.01.12 2016고정835
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a person without a special occupation.

On February 16, 2015, the Defendant made a false statement in the Defendant’s studio located in the Busan Metropolitan City Shipping Daegu B, Busan Metropolitan City, that “The face value of the Handphone and the value of the Handphone and the equipment will be paid in full by opening the Handphone.”

However, there was no intention or ability to pay the charges and the value of the equipment.

The Defendant received, at around 14:00 on the same day, one mobile phone (E) in the name of the victim from the LGU agency located in D around the above place, to open one mobile phone (F) equivalent to KRW 851,950 in the name of the victim at the same place on March 9, 2015, the Defendant received a delivery after opening one mobile phone (F) in the name of the victim at the same place. On March 30, 2015, the Defendant received a delivery of KRW 568,50 in the same place at the same time after opening one mobile phone (G) with three mobile phones in the name of the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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