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(영문) 창원지방법원 마산지원 2014.12.10 2014고단831
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant made a false statement to the victim D, “SK Telecom C agency located in the Simsan-si, Changwon-si, Changwon-si, Seoul, stating that “If foreign workers working in the Gu are unable to communicate, they will open a mobile phone and open a mobile phone, they will bear all the cost of the mobile phone or monthly fee if they are lent the name.”

However, the fact that the father of the defendant did not employ foreign workers, and at the time, the defendant disposed of and commercialized the above mobile phone with the intention to prepare the repair cost for the sirens, and eventually, even if he borrowed the victim's name and opened the mobile phone, he did not have the intention or ability to pay the cost of the mobile phone and

The Defendant, by deceiving the victim, lent the name of the victim from the victim, received a loan from the above SK agency 814,000 Aphone 5S with a market price of 814,00 won, and at the KT agency 814,000 Aphone 5S with a market price of 814,000 won, and acquired property profits equivalent to 2,585,000 won in total by opening one galthom at the market price of 957,000 won.

In addition, from March 2014 to March 2014, the Defendant: (a) by deceiving the victims by the same method five times in total, and (b) obtained a total of KRW 13,622,060 from the victim’s cellular phone by opening the cell phone in the name of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police protocol protocol to D, E, F, G, and H

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that there is no basic area (6-100,000 won or less) (6-100,000 won or less) (6-10,000 won) of the basic area (6-1,000 won or more) (6-1,000 won) (the decision of sentencing), six months of imprisonment, and two years of suspended sentence.

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