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(영문) 창원지방법원 2020.09.08 2020고단571
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 2019, the Defendant said, at the office of the victim C located at the window B of Changwon-si, Changwon-si, that “The Defendant: (a) opened his/her cell phone under the name of his/her own; (b) sold his/her cell phone to lend cash; (c) paid the cost of the mobile phone and the cost of communication; (d) made it possible for the Defendant to borrow money to his/her relatives who hold bonds around the forum.”

However, in fact, the Defendant did not have any intention or ability to pay the mobile phone price and fees in the name of the victim, even if he opened the mobile phone in the name of the victim, and there was no intention or ability to lend money to the victim at low interest.

Nevertheless, on June 1, 2019, the Defendant: (a) made the victim, as above, engage in a false statement; (b) made the victim in the name of the victim d with Aphone X 1; and (c) made the galloncecece in E around June 5, 2019 to open gallon City A91; and (d) received S10 gallonce in F around June 16, 2019; and (b) made the above devices receive small sum of 7,318,561 won, such as the settlement price of small sum and the price of the device, and had the victim pay the total of 7,318,561 won, thereby obtaining economic benefits equivalent to that amount.

2. 재물손괴 피고인은 2019. 12. 15. 02:00경 창원시 진해구 G에 있는 H주점 앞 노상에서 술에 취한 상태로 피해자 I 운전의 J 택시를 향하여 ‘컨디션 헛개’ 빈 유리병을 던져 위 택시 좌측 뒷문을 움푹 들어가게 하여 수리비 40만 원 상당이 들도록 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints and police statements of victims;

1. Details of subscription by the radio operator, and charges;

1. On-site photographs, details of reports on 112 cases;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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