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(영문) 대구지방법원 포항지원 2016.11.25 2016고정166
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around February 2015, the Defendant: (a) made a false statement to the effect that “A, by opening a phone 6 fluor in another person’s name, sold fluor; and (b) suspended the use of the mobile phone after three months; and (c) arranged all the installments of the device after six months; (b) the Defendant talked with the victim E; and (c) around February 20, 2015, the Defendant allowed the victim to newly subscribe one mobile phone (F) to the mobile phone agent located in B located in the Northern-gu, Northern-gu, B; and (d) on April 13, 2015, the Defendant came to new purchase one mobile phone from the mobile phone agent located in the Hmat in the Daegu-gu, Daegu-gu, Nowon-gu, Seoul, to deliver the mobile phone to the said Defendant and then received the two mobile phone from the said D.

However, in fact, the defendant did not have monthly income due to the absence of a certain occupation, and even if he received mobile phones from the victim due to the absence of any particular property, he did not have the intent or ability to pay the device installments and the

Nevertheless, the Defendant, by deceiving the victim as above, received two cellular phones from the victim, and used the above cellular phone from August 2015, thereby taking property benefits equivalent to KRW 2,043,670 in total of the charges for installment payments and use of the devices.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to E and D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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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