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(영문) 부산지방법원 2013.06.18 2012고정5693
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, together with B, has moved to use two cellular phones in the name of the victim in the name of the victim by deceiving C, who is a disabled person of Grade III with the mental retardation.

1. The Defendant, along with B, at the “E” agency located in Seo-gu, Busan, on April 1, 2010, and even if the victim opened his/her mobile phone in his/her own name, the Defendant did not intend or have ability to pay the fee properly. However, the Defendant made a false statement to the victim that “the victim did not cause damage to the mobile phone in his/her name if opened and opened the mobile phone in his/her name, and paid the fee well, and opened the mobile phone.” The Defendant had the victim open one cell phone (F) on the same day from May 201 to March 201, but did not pay the fee.

2. On May 17, 2010, the Defendant, along with B, made the victim make a false statement in the manner described in paragraph (1) at an agency located in Seo-gu, Busan, Busan, using the same method as that of paragraph (1), and allowed the victim to open one mobile phone (phone number: G) on the same day, and used the aforementioned mobile phone from June 201 to February 201, to set a total of KRW 707,330 won, but did not pay the said fee.

As a result, the Defendant conspired with B to acquire a total of KRW 1,330,580 by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. C Complaints;

1. Application of Acts and subordinate statutes to claims;

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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