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(영문) 대구지방법원 2018.10.11 2018고단3851
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 2, 2018, the criminal defendant against the victim B made a false statement to the effect that he/she would faithfully pay his/her face value, his/her service fee, and installment to the victim B by opening his/her cell phone in the name of the victim, from the beginning of Busan Franchiscison.

However, the defendant did not have any particular income at the time and did not have an intention or ability to pay the user fee, etc. normally even if he opens the mobile phone under the victim'

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received two cellular phone calls (D, E) opened from the victim under the name of the victim; and (c) did not pay the victim fees at all; and (b) caused the victim to pay on behalf of the victim a total amount of KRW 2,843,761.

Accordingly, the defendant deceivings the victim, thereby acquiring financial benefits equivalent to KRW 2,843,761.

2. Making a false recording, such as electronic records, and conducting events, such as electronic records, and fraud against the victimized company (State);

A. On April 30, 2018, the Defendant: (a) opened a mobile phone in his/her name without G’s consent; (b) opened the mobile phone in his/her name; and (c) sold it to a seller of the heavy mobile phone.

Therefore, on April 30, 2018, the Defendant opened two mobile phone units (H and I) with a computer to a victimized company using the computer at the site of the world around the following day: (a) entered the name, resident registration number, address, etc. of G in the application for joining; and (b) sent the said application via the Internet as if it was duly formed to the employee in charge of the victimized company who is aware of the said fact; (c) around that time, the Defendant was delivered two mobile phone units (S9 mobile phone units) from the said employee when the galthm of the damaged company owned by G, which was opened in the name of G.

Accordingly, the defendant's purpose is to mislead the management of affairs.

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