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(영문) 광주지방법원 2018.04.12 2018고단588
사기등
Text

The defendant shall be punished by imprisonment with prison labor for the crimes of 1st which are set forth in the judgment, and by a fine of 50,000 won for the crimes of 2th which are set forth in the judgment.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, etc. and the judgment was finalized on December 27, 2016. On September 13, 2017, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, etc. and became final and conclusive on September 21, 2017.

1. On March 20, 2015, the Defendant using computers, etc.: (a) purchased at the store operated by the victim D in Gwangju-dong-gu, Gwangju-gu, a number of 2,00,000 won per annum 2,00,000 at the market price from the damaged person; (b) presented the national card and settled the card; and (c) the victim re-enters the credit card device, which is the data processing unit installed in the place, to enter the said store, with the content of revoking credit card payments without legitimate authority; (c) on the written indictment, the indictment states that “the method of entering unlawful orders” is “the identity of the facts charged or there is no risk of substantial disadvantages in guaranteeing the Defendant’s right to defense, even if recognized as above without due authority.”

From March 25, 2015 to March 25, 2015, including the acquisition of property profits equivalent to the same amount, the sum of 19,800,000 won was acquired by the same method over 10 times, as shown in the list of offenses.

2. On January 14, 2017, the defrauded: “F” communications company located in Gwangju Northern-gu, Gwangju; and even if using a mobile phone via the victim G’s opening of the mobile phone in the victim’s name, the Defendant made a false statement to the victim that “I would pay the mobile phone fee every month on the face of a week by opening one cell phone in the victim’s name,” and that the victim obtained a pecuniary benefit equivalent to that amount by failing to pay the fee of KRW 396,010 during the period from February 1, 2017 to March 31, 2017.

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