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(영문) 대구지방법원 경주지원 2019.02.21 2018고단562
사기
Text

Defendant

A shall be punished by imprisonment with prison labor of one year and six months, by a fine of two million won, and by imprisonment with prison labor of two months.

Reasons

Punishment of the crime

[Criminal Justice] On October 18, 2018, Defendant C was sentenced to one year of imprisonment for fraud, etc. in Daegu District Court racing support, and the said judgment became final and conclusive on January 19, 2019.

"2018 Highest 473"- Defendant A

1. On May 17, 2017, the Defendant made a false statement to the victim F, “The victim F, who should take the result of the mobile phone sales, open the mobile phone in the four names, and pay KRW 10-150,000 per mobile phone. The mobile phone charges are responsible for inside, and the mobile phone name is transferred within, the name of the mobile phone.”

However, even if the defendant received a cell phone opened in the name of the victim from the victim, he did not have the intention or ability to pay the cell phone instead of the installment charge or change the cell phone name in the name of the defendant.

The Defendant, as seen above, had the victim deceptioned, and received two opphones equivalent to the total market price of KRW 2,305,60,000 from the victim’s seat, namely, the market price opened in the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 8, 2017, the Defendant made a false statement that “The Defendant would pay the victim KRW 10-150,000 per each mobile phone, i.e., a mobile phone opening the cell phone in four names, with the result of the mobile phone sales. The mobile phone installment charges are responsible for inside, and the mobile phone name will also move within, the name of the mobile phone.”

However, even if the defendant received a cell phone opened in the name of the victim from the victim, he did not have the intention or ability to pay the cell phone instead of the installment charge or change the cell phone name in the name of the defendant.

The Defendant deceptioned the victim as above, and received two opphones equivalent to the total market value of KRW 2,152,700, which was opened from the victim’s name, from the victim.

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