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(영문) 대구지방법원 2018.02.07 2017고정2086
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 21, 2016, the Defendant entered into a contract with the LGU Telecommunication Co., Ltd. to pay KRW 20,900 per month and KRW 3.550,00 per month for three years in the agreed period of the agreement by phone at the Internet entrance business store of the LGU TU T.S., and installed the Internet and TV at the same address on the same day.

However, in fact, the defendant did not have the intention or ability to pay the Internet fees, only when he/she tried to receive the Internet combined product contracts.

On October 25, 2016, the Defendant received 350,000,000 won from the LGU to the Saemaul Savings Depository (C) account in his name on October 25, 2016. While using the Internet and TV offered by the victim LGU, the Defendant did not pay 535,00 won including the amount of use and the amount of mechanical value, such as the three saws.

Accordingly, the Defendant received property or took property benefits equivalent to the sum of 885,000 won by deceiving the victim (owner) Naba and LGU radiocommunication.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a certificate of remittance confirmation, an application for subscription, and a statement of unpaid charges;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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