(영문) 서울서부지방법원 2020.07.21 2020고단1220

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(영문) 서울서부지방법원 2020.07.21 2020고단1220

사기

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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On February 22, 2018, the Defendant was sentenced to four months of imprisonment for a crime of fraud, etc. at the District Court, and completed the execution of the said sentence in the Ansan Prison on November 30, 2018.

The defendant paid a fee to the victimO that he became aware of through group Kakao Stockholm, and the victim opened a mobile phone in the name of the victim and got a loan to use the mobile phone and loan to use it as a living cost.

Around December 10, 2019, the Defendant stated to the effect that Q “P” located in P on P on December 10, 2019 would provide the victimO with a reward of KRW 400,000,000,000,000,000,000,000. In order to grant a loan first, the transaction performance should be created, and the mobile phone fee and loan will be repaid.”

However, even though the defendant opened a mobile phone in the name of the victim or borrowed a mobile phone, he did not have the intention or ability to pay a mobile phone fee or loan.

Nevertheless, the Defendant, as above, made the victim make a false statement on the same day and caused the victim to open a mobile phone with 1700,000 won in the market value of 1.7 million won in the “S” store located in R on the same day, and received it. On December 11, 2019, the Defendant, after having the victim borrow five million won in the Tbank from the Tbank, received 5,100,000 won, including the loan, from the K Bank account in the name of the Defendant. On December 12, 2019, the Defendant continued to pay 13 times in total with the aforementioned mobile phone opened in the name of the victim and requested the victim for a total of 5,47,800 won in total, thereby obtaining economic benefits equivalent to the same amount.

In this respect, the defendant deceivings the victim and acquired property and pecuniary profits.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning theO;

1. Applications for V Admission, Applications for Issuance of Resident Registration Certificates,

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