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(영문) 창원지방법원 진주지원 2019.01.09 2018고단213
사기등
Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

[Defendant B] Defendant B shall be punished by imprisonment for six months.

[Defendant C]

Reasons

Punishment of the crime

Defendant

A on January 23, 2018, a person who was sentenced to three years of imprisonment for fraud, etc. in the Changwon District Court's Jinju branch on April 5, 2018, and the said judgment became final and conclusive on April 5, 2018.

"2018 Highest 213"

1. Defendant A

A. On May 26, 2017, the Defendant: (a) concluded that “E” located in Jinju-si, Jin-si, “E” to the victim F, who borrowed money; (b) would have to repay KRW 2 million to the victim F, including the principal and interest on one month, if he/she lends money.”

However, the Defendant did not have a plan to operate a singing, and if the Defendant received money from the victim, he did not intend to use it for the repayment of personal debt or for the cost of living, and even if he borrowed money from the victim, he did not have any intent or ability to repay it.

After all, the Defendant, as above, by deceiving the victim, obtained KRW 10 million from the victim and acquired it by fraud.

B. The Defendant was indicted on May 27, 2017 on the date and time of the instant paragraph, but according to the witness F’s statutory statement, the Defendant was recognized that the F was entrusted with the driver’s license to E upon the Defendant’s request on May 26, 2017, according to the witness F’s witness F’s legal statement;

At the place, the victim F made a false statement to the victim F, “The face value of the terminal through opening shall not be damaged to the interior and to the width.”

However, even though there was another device used by the defendant at the time, the defendant did not have a certain income but did not have any money to purchase the item, so the defendant thought that he opened the device in the above victim's name to use it by purchasing the item, etc., and did not have an ability or intent to pay the fee even if he opened the device in the victim's name.

Ultimately, the defendant deceivings the victim as above and has the right to purchase the mobile device in the name of the victim and to subscribe to the mobile operator's service.

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