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(영문) 부산지방법원 2014.08.27 2014고정2258
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to one year and four months of imprisonment in the Busan District Court for fraud, etc., and the judgment became final and conclusive on May 16, 2014.

1. On February 16, 2012, the Defendant: (a) called the Defendant’s residence located in Ulsan-gun, Ulsan-gun, U.S., U.S., the Defendant subscribed to the Defendant’s general telephone terminal with D numbers assigned to the victim’s personal information, which the Defendant had been aware of, as if the Victim C applied for KT general telephone.

However, the defendant did not have the intention or ability to pay all of the usage fees even after joining the above general telephone.

As such, the Defendant, by deceiving the staff of ITS Daegu High District Company, had the Defendant impose KRW 1,274,940 on the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. The Defendant, around October 8, 2012, entered the victim’s personal information into a new mobile phone subscription contract as the victim C purchases one mobile phone (the model name: E210L16) from F located in Busan-gun E, Busan-gun, and entered the victim’s personal information into a LET-52 fee system with G numbers assigned to the same device.

However, even if the above mobile phone purchase and opening application is filed, there is no intention or ability to pay all of the cost of the mobile phone, the cost of the communication company's admission, and the cost of use.

As such, the Defendant, by deceiving an employee of the mobile phone agency, had the employee impose KRW 1,089,00 and KRW 571,830 on the victim, thereby acquiring a total of KRW 1,660,830.

3. The Defendant: (a) had an employee of the said agency, who was aware of the fact of the foregoing Article at a time and place as referred to in paragraph (2) of the foregoing Article, concealed the fact and entered “C” and “H” in the buyer’s column in the new contract form; and (b) had the applicant column sign his/her name after stating the name of the complainant C.

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