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(영문) 서울남부지방법원 2015.03.20 2015고정81
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 22, 2014, the Defendant made a false statement to the victim C at the victim’s house located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu Seoul Metropolitan Government, stating that “A mobile phone was temporarily lent to the victim in order to make a monetary call.”

However, in fact, the defendant had access to Tsore, instead of using the victim's cell phone, to purchase the victim's cellphone and had the victim bear the cost.

As above, the Defendant: (a) by deceiving the victim; (b) connected the victim’s cell phone from the victim’s seat to the Estop phone; (c) settled 23,100 won from the testop phone and did not pay the price; (c) thereby, acquired economic benefits equivalent to the same amount; and (d) from March 13, 2014 to April 27, 2014, the Defendant acquired financial benefits equivalent to KRW 832,270 in total by the same method over 17 times, as indicated in attached Table 1.

2. Around March 24, 2014, the Defendant: (a) informed the victim D of the foregoing method; (b) informed the victim of the said method; (c) obtained a cell phone from the victim’s seat; and (d) obtained a total of KRW 425,600 from March 24, 2014 to April 16, 2014 in the same way, as indicated in attached Table 2, from March 24, 2014.

3. On March 18, 2014, the Defendant made a false statement from F located in Gangseo-gu Seoul Metropolitan Government E to the victim C that “The prime telephone call fee and the mobile phone terminal price will be paid by opening the cell phone in the name of width.”

However, the defendant did not have the intention or ability to pay the above charges and fees.

The Defendant, by deceiving the victim as above, let the victim open only one cell phone (G) in the name of the victim on the same day, and using it on the same day, has the victim use the phone in the name of the victim, and equivalent to KRW 1,368,60,00 in total of the telephone charges and terminal bills until July 31, 2014.

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