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(영문) 부산지방법원 동부지원 2019.09.05 2019고단326
사기등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall pay 440,00 won to B who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

From February 2017, the Defendant is a person who operated a mobile phone sales store in the name of "K" in the International Building J of Busan High-gu, Busan High-gu.

Around November 22, 2017, the Defendant stated that “The Defendant would open a mobile phone so that only the phone fee can be paid and used without paying the phone fee in full even if he/she deposits the 5.80,000 won of the E mobile phone at the above mobile phone sales store.”

However, in fact, even if the defendant had poor business performance of the mobile phone sales store and received the price of the mobile phone from the victim, he thought that it should be appropriated for the operating cost of the mobile phone sales store, such as rent, or paid the price of the mobile phone to other subscribers, so he did not have any intention or ability to completely handle the price of the mobile phone.

As such, the Defendant, by deceiving the victim D and receiving KRW 400,000 on the same day from the victim’s L Cooperative account (Account Number M) under the name of the Defendant, and received KRW 180,000 on December 8, 2017 and received KRW 5,80,000 in total from November 3, 2017 to October 28, 2018, and acquired KRW 47,824,610 in total from 25 times, such as the list of crimes, from around November 3, 2017 to October 28, 2018.

around 13:00 on October 12, 2018, the Defendant made a false statement that “The Defendant would pay KRW 50,000,000 out of the profits from opening of the cell phone to the mobile phone.” On October 12, 2018, at the “PP” mobile phone sales store of the victim’s O located in the Busan Dongdong-gu, Busan, about 13:00,000 per mobile phone.”

However, in fact, the defendant operated a mobile phone sales store and suspended the business due to poor performance, and the mobile phone received from the victim.

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