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(영문) 수원지방법원 2018.12.21 2018고정1536
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2016, the Defendant stated that the Defendant would make delivery to the victim B and the victim C by paying approximately KRW 4 million of the card price to the victim B and the victim’s mobile phone agent in the vicinity of the Young-gu Office in Young-gu Office in Suwon-si, Suwon-si. In addition, there is a need to use the mobile phone to open the mobile phone, and that the Defendant would make the mobile phone by paying the communication fee within the phone and repaying the value of the mobile phone after three months.

However, even if the victims want to open a mobile phone, the defendant thought that he would sell the mobile phone to a mid-to-mediumer rather than the purpose of using the mobile phone, and had difficulty in economic aspects such as returning and using the credit card at the time, so the defendant did not normally pay the telecommunications fee or have no intention or ability to redeem the value of the mobile phone after three months.

Nevertheless, the Defendant: (a) by deceiving the victim as above, and then deceiving the victim in total amount equivalent to KRW 2,305,60 in the market value from the victim B; and (b) obtained two mobile phones 7,000 from the victim C; and (c) obtained one mobile phone 7,00 won in the market value from the victim C.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to the documents to be submitted by the complainants, the replys to warrants (transaction details), and the details of arrears to be submitted by the complainants;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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