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(영문) 대전지방법원 공주지원 2017.10.20 2017고정81
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around October 14, 2014, the Defendant “2017 Highly 81,” to the victim D (the age of 19) in the ELS C located in Yongsan-gu Seoul Metropolitan Government, “on the face of lending the name, he/she shall open the cell phone under his/her name and pay the fee without problem, and shall not be damaged by cancelling the cell phone after three months.

The phrase “ makes a false statement.”

However, even if the defendant opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the cost of the mobile phone and the user fee.

As such, the Defendant, by deceiving the victim, has acquired financial benefits equivalent to KRW 1,755,313 in total of KRW 864,79,896, F apparatus and usage fees in the name of the victim from the victim.

The defendant of "2017 High 82" is a person working for LG U U agency located in Seoul Special Metropolitan City, Nowon-gu, and is between the victim H(19 tax) and his/her relative.

On September 2014, the Defendant called the victim on the phone and asked the victim to open the cell phone under four names. The charge will be paid without any problem.

“.......”

However, the defendant was in excess of his/her obligation without any property at the time, and his/her living expense was insufficient, so even if he/she opened his/her mobile phone in the name of the victim, there was no intention or ability to pay

On September 25, 2014, the Defendant acquired financial benefits equivalent to KRW 2,745,120 of the usage fee due to the failure to pay the usage fee, even though he/she opened two cellular phone (I and J) under the victim’s name from the victim.

Summary of Evidence

1. The defendant's statement at court 2017 High Court 81;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of partially the police officers of the accused;

1. 2017 high-level 82;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines.

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