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(영문) 청주지방법원 제천지원 2018.05.24 2017고단220
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 25, 2010, the Defendant registered a business entity with its trade name, “C” and “Sapo-si D 135” as “C” and “Sapo-si Do 135,” in order to run a mobile phone sales business. Around that time, the Defendant engaged in a mobile phone sales business at

person is a person.

The Defendant: (a) around July 15, 2010, at the above C office; and (b) even when the Defendant was supplied with mobile phone devices under the above consignment contract from E, the Victim Company Co., Ltd., Ltd., a mobile phone wholesaler, there was no intent or ability to sell the mobile phone by normal means, such as selling them to the applicants for subscription to the mobile phone; (c) as if the mobile phone was normally sold, deceiving a person in charge of name in the victim’s company; and (d) issued 43 mobile phones equivalent to the total market value of KRW 34,39,200 at that time from the victim company to receive goods by deceiving

Summary of Evidence

1. Statement made in F in the third public trial records;

1. Entry of a defendant in part in the protocol of second public trial;

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

1. Business registration certificate (C), a statement of the details of determination on the investigation of complaints against subscription of minors, a statement of payment, and a statement of illegal use in C sales;

1. A report on investigation (Attachment to a contract, etc.), power of attorney, etc. and an entrustment contract;

1. The depth of a mobile phone;

1. Details of the investigation report (to be accompanied by data submitted to the victim), the name theft, and other investigation decisions;

1. In full view of the following circumstances acknowledged by the above evidence, the investigation report (such as the inquiry of the mobile phone user used by the person under investigation), request for provision of communication data and response documents, investigation report (report, such as telephone number arrangement, etc. used by the suspect A), inquiry of the case against the suspect and communication data response, investigation report (verification of the suspect's telephone number), output of the consolidated case, investigation report (G user's telephone hearing) (see, e.g., the victim's company), investigation report (see, e., Supreme Court Decision 201Do14

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