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(영문) 창원지방법원 마산지원 2018.07.18 2018고단615
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a complainant C and a person who became aware of the establishment of a middle school.

The defendant, using her friendship, had the complainant join the mobile phone in the name of the complainant, and received the mobile phone with which he/she joined, and had him/her her talk.

On August 14, 2017, the Defendant sent a message to the account of the complainant’s North Korea account around August 14, 2017.

The term "in order to operate a mobile phone agency, two mobile phone types shall be erroneously sold to make a mobile phone agency and a new opening shall be made.

Nxa two mobile phones are opened, and 600,000 won will be reduced at the cost of the front side, and related fees will be paid in full.

The phrase “ makes a false statement.”

However, even if the defendant opens a mobile phone in the name of the complainant, he did not have the intention or ability to pay the fee instead.

On August 18, 2017, the Defendant visited E mobile phone agencies located in Changwon-si, Changwon-si, Changwon-si, and caused the son to newly join 7 Pphones 1 and 7 Pphones 1 around August 21, 2017 in the name of the complainant and received a telephone from the complainant.

The Defendant, who received two mobile phones as above, paid KRW 912,870, usage fees, KRW 922,890, data information usage fees, KRW 428,90, KRW 104,50, and KRW 1,045,280, KRW 321,510, and KRW 3,735,950.

In this respect, the defendant acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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