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(영문) 수원지방법원 2019.07.18 2019고정398
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Criminal facts shall be corrected ex officio to the extent that it does not infringe the defendant's right of defense.

On February 20, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on August 28, 2018 and the said judgment became final and conclusive on August 28, 2018.

1. Even if the Defendant made small payment using a cell phone (C) of the victim B (29 years of age and inn), the Defendant, on August 13, 2017, received property equivalent to KRW 1 million from the “act of lending a mobile phone to a short time, making it possible for the victim to do so.” The Defendant, on the other hand, in the coffee shop located in Yang-dong, Yang-si, Yang-si, Yang-si, as well as the victim’s mobile phone, opened a cell phone owned by the victim in the name of the victim, and opened a cell phone in the Internet bank, which is the Internet bank, the Internet bank, by using the victim’s mobile phone, took credit loans of KRW 1 million in the victim’s name, immediately transferred the mobile phone to the overseas EF bank account, and then withdrawn it in cash.”

2. On August 30, 2017, the Defendant, even though using the victim’s mobile phone, did not have the intent or ability to make a reimbursement even if he/she made the Internet small payment, the Defendant, at the same time, obtained the victim’s mobile phone set up a mobile phone owned by the victim, “to lend a mobile phone to another person, make it on the Internet, and make it immediately.” After he/she received the victim’s mobile phone set up a mobile phone set up from the victim, the Defendant acquired the victim’s pecuniary advantage equivalent to KRW 500,000 with “the method of making a payment by subrogation to the victim,” which is “the method of making a payment by subrogation to the victim.”

3. Even if the Defendant received a cell phone opened in the name of the victim, he/she does not have an intention or ability to pay the value of the mobile phone or the fee for the use of the mobile phone. However, if he/she opened two mobile phone units before I located in H on September 8, 2017 in the two weeks, the Defendant’s company’s mobile phone value is the same as the value of the mobile phone.

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