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(영문) 서울동부지방법원 2018.08.16 2017고단3033
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On February 7, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at Anyang Prison on December 21, 2014.

Around February 23, 2017, the Defendant “2017 Highest 3033,” said, “Around February 23, 2017, the Defendant reported that the Victim E did not open a mobile phone with good credit, and did not delay the charge on the main part of the mobile phone instead of the four names, and did not cause any damage to thener.”

However, the defendant did not have any property so that he did not have any intention or ability to pay the mobile phone usage fee even if he used the mobile phone in the name of the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) used the cell phone (F) which was opened to the victim’s name from the victim; and (c) did not pay KRW 591,240 to the victim; and (d) obtained pecuniary benefits equivalent to the same amount by failing to pay the said amount; and (b) obtained from April 21, 2017, the Defendant acquired financial benefits equivalent to the total amount of five cell phones from the victim, such as the crime list, from April 21, 2017.

On May 31, 2017, the Defendant: (a) committed a theft of the three copies of cultural merchandise coupons owned by the victim I in the Kabroe, while working as an employee of the said convenience store at the “H” convenience store located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu; and (b) stolen the total property owned by the victim at least KRW 150,000,000, on three occasions in total, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

"2017 Highest 3033"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of an application for subscription;

1. Character details closure data;

1. "Investigation Report (related to the submission of data, such as a new service contract)" 2017 Highest 4122;

1. Statement by the defendant in court;

1. A written statement of the I;

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