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(영문) 부산지방법원 2019.01.10 2018고단1647
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2018 Highest 1647"

1. On April 20, 2017, the Defendant made a false statement to the victim D that “The Defendant would change the device in the future because he/she would be an employee E, an executive or employee who was distributed to B, would not pay the device installments of the device.”

However, the defendant was not an E employee, and the above mobile phone was not free of charge, and the defendant did not have any intention or ability to pay the above mobile phone price in lieu of the above mobile phone price.

Nevertheless, the Defendant, by deceiving the victim as above and allowing the said victim to open a mobile phone, had the said victim bear the liability equivalent to KRW 935,000 for the installment of the mobile phone, thereby acquiring financial benefits equivalent to the same amount.

2. On April 28, 2017, the Defendant: (a) used the G agency located in Busan Jung-gu, Busan in the process of opening a mobile phone as described in the foregoing paragraph 1; (b) used the D’s resident registration certificate in the process of opening a mobile phone as described in the foregoing paragraph 1; (c) did not have obtained consent or delegation from D with respect to opening a mobile phone; (d) made a new service contract opening a mobile phone in the name of D; (c) forged a private document on the rights and obligations of D; and (d) used it by submitting it to G employees under the name of D by the same method until July 29, 2017; and (d) forged and exercised a total of six mobile phone subscription application as described in the attached Table 1 in the list of crimes.

3. On June 28, 2017, the Defendant made a false statement to the victim D, stating, “In order to make an installment payment on a opened cell phone, but to lend a credit card, and then make it known whether to cancel the settlement later.”

However, the defendant receives the credit card from the above victim.

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