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(영문) 광주지방법원 2017.07.05 2017고정737
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal history] On October 21, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) at the Gwangju District Court, and the judgment was finalized on June 23, 2017.

[2] On March 1, 2016, the Defendant proposed a crime to the effect that “after opening the Internet, he/she changed his/her physical card, passbook, identification card, etc. so that he/she can use them by dividing the personal items from his/her name in the D car page located in Seo-gu, Seo-gu, Gwangju, Gwangju, and provided the Defendant with the physical card, passbook, identification card, etc. under the name of the Defendant.”

On March 29, 2016, at the agency F for attracting access to the Internet, No. 104-dong 1502 Dong-gu, Busan, Seo-gu, Busan, and around March 29, 2016, the person whose name was weak will maintain a contract for one year with the victim G, who is the above F operator, by opening the Internet-based service, and pay the fee faithfully.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant and the above-mentioned person are only subscribed to the Internet under the name of the defendant, and there was no intention or ability to pay the Internet fees.

Nevertheless, on March 31, 2016, the victim made a false statement to the victim, and the victim was issued KRW 350,000 to the Agricultural Cooperative Account (H) in the name of the defendant, as a gift for joining the Internet around March 31, 2016.

Accordingly, the defendant acquired the property of the victim in collusion with the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A complaint and a written confirmation of details of subscription;

1. Previous convictions in judgment: Application of investigation reports (verification of the facts pending in an appellate trial) Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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