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(영문) 대구지방법원 2018.10.12 2018고단3151
사기등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2018 Highest 3151"

1. On March 19, 2018, the criminal defendant against D’s cellular phone may be punished by KRW 100,000 per day from KRW 10,00 to KRW 20,00 per day to the victim D at the Fac shop near the E University, Daegu-gu, Daegu-gu.

The mobile phone 4 unit was opened through the phone, and the mobile phone boomed that it would make the brace and inform the method of operation after the accident.

However, at the time of fact, the Defendant did not carry out clothes funeral in the Round and thought to sell the cell phone received from the injured party to use it as living expenses, etc., so even if he received a mobile phone from the injured party, the Defendant did not have any intention or ability to allow the injured party to operate the Round, or to give money to him.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to open one cell phone (name G) equivalent to the market price of KRW 946,00 in the case corporation on the same day; and (c) received the delivery for five months; (b) obtained the pecuniary profit equivalent to the total amount of KRW 181,640 in the amount of the usage fee; and (c) received four mobile phones equivalent to the total market price of KRW 5,442,436 in the attached list of crimes, such as the previous one; and (d) acquired the pecuniary profit equivalent to the amount of KRW 446,574 in the use fee of the mobile phone.

2. Computer and other fraudulent means;

A. On March 20, 2018, the Defendant using D’s mobile phone: (a) linked to the Internet game site near the E University located in Daegu-gu, Daegu-gu; (b) inserted the chip of the victim D’s cell heart chip, which was delivered as described in paragraph (1), into the Defendant’s mobile phone without authority, and entered the content that the Defendant would pay the victim’s mobile phone at the settlement window; and (c) obtained pecuniary benefits equivalent to the same amount by paying the small amount of KRW 110,000,000, as shown in the attached list of crimes (2).

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