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(영문) 수원지방법원 안양지원 2013.11.14 2013고정1124
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant told the victim C (the age of 59) who became aware of in the ordinary auction to prepare for cash 10 million won to receive horse information through the staff of the society, although the victim did not have the intent and ability to inform the victim C (the age of 59) of horse information.

In June 201, the Defendant, by deceiving the victim as above, committed as if he would receive horse information through D in the car of the victim who was set up in the Sinyang-gu 7-dong 144 Ansan-dong 7-dong 144 Ansan-gu, Ansan-si, Ansan-si, Annyang-si, Annyang-si, Annyang-si, and then acquired KRW 10 million from the victim to the victim as teaching expenses.

2. Even if the Defendant purchased and used a mobile phone from the victim C in the name of the victim, he/she did not have the intent and ability to pay the mechanical value and the communications fee to the victim. On June 11, 2012, the Defendant acquired financial gains equivalent to KRW 926,240,00 in total by receiving the small credit from the victim’s mobile phone in the name of the victim without paying the mechanical value and the communications fee, from the F mobile mobile phone agent located in the Ma-gu, Ansan-gu, Ansan-gu, Annyang-gu, Annyang-si, the Plaintiff purchased the mobile phone in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to communications charges);

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

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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