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(영문) 부산지방법원 서부지원 2018.07.03 2017고단1417
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant, “The 2017 Highest 1417,” made a false statement to the effect that “the Defendant would pay the victim F with the opening of the mobile phone at the LGU store located in Jinju-si E, and then disposed of the said mobile phone by opening the cell phone in the name of the victim F and receiving the delivery of the mobile phone amounting to KRW 680,600 in the name of the victim F.

The defendant had no intention or ability to pay the fee normally even if he opens the mobile phone in the name of F.

In addition, from around that time to February 16, 2017, the Defendant acquired property profits equivalent to KRW 8,420,428 by deceiving the damage, such as the previous list (1).

"2018 Highest 391"

1. Crimes against victims G;

A. On September 25, 2017, the Defendant related to mobile phone fraud was a victim G who had been known prior to this, and was in the process of operating the company “large father H”, which requires performance.

The mobile phone fee will also be paid without penalty by cancelling ten days after the opening of the mobile phone.

“A false statement” was made.

In this regard, the fact that the father of the defendant did not operate the above company, and even if the mobile phone was opened in the name of the victim, there was no intention or ability to pay the price, etc.

Ultimately, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to the amount of KRW 3,249,464 by failing to pay the sum of the above equipment cost and usage fee, even after receiving three mobile phones of KRW 1,59,40 on the same day from the victim, and KRW 1,008,744 on the 30th of the same month from LG V30 on the mobile phone market.

(b) No person who violates the Resident Registration Act shall use another person's resident registration number unlawfully;

Nevertheless, the Defendant rendered a small-sum settlement service from the victim G at around November 3, 2017.

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