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(영문) 수원지방법원 성남지원 2018.12.19 2018고단1617 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On April 27, 2018, the Defendant was sentenced to a suspended sentence of two years on the six months of imprisonment due to fraud in the Sungnam branch support of Suwon branch, and the judgment became final and conclusive on May 5, 2018.

[Criminal facts]

1. On October 23, 2017, the Defendant alone made a false statement to the victim B, “The Defendant would pay the mobile phone in the name of the victim without any flicking machine cost and the user fee in front of the Gu office of the revision of the 2-dong new city of Seongbuk-gu, Sungnam-gu.”

However, the Defendant received a mobile phone opening in the name of the victim at the time of the instant case, and separated the core chips, sold the public machinery to the person with no name and disposed of, and used the separated core chips to make a small payment using the separated core chips. The Defendant did not have a regular income or special property at the time of the instant case, and even if he received a mobile phone opening through the victim’s name, there was no intention or ability to pay the cost of the mobile phone equipment and the fee.

As above, the defendant deceiving the victim and let the victim open a cell phone (E) equivalent to the market price of 1,094,500 won in the name of the victim in the name of the victim at the D mobile communication company located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sung-gu, and then acquired financial benefits equivalent to the above amount by receiving it and then using the chip of the above mobile phone and then paying a total amount of 2,639,970 won.

2. On December 8, 2017, the Defendant and F, the Defendant and F, who jointly committed the Defendant F with the victim F, made a false statement to the victim G, stating that “The Defendant would pay the mobile phone in the name of Sung-nam Si with no interruption of the cost of equipment and the cost of using the mobile phone.”

However, the defendant and F received the mobile phone opening in the name of the victim at the time of the instant case, and separated the core chips, and then sold the public machinery to the victim without the name of the victim and disposed of it separately.

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