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(영문) 대전지방법원 2021.03.11 2020고단4962
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. An application for compensation by an applicant for compensation shall be dismissed;

Reasons

Punishment of the crime

On November 30, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny by the Seoul Northern District Court, and on February 19, 2019, the Defendant completed the execution of the sentence in the Seoul Eastern Detention House.

“200 Highest 4962”

1. On January 29, 2020, the Defendant made a false statement to the victim AE that he/she became aware of through AD car page in the south-gu Incheon Metropolitan City AB around January 29, 202, stating that “I would not open a cell phone with bad credit standing, so I would immediately terminate a cell phone in four names only after using only one month on the face of a week, and the use fee will be paid within.”

However, the defendant, even if he opens and receives a mobile phone in the name of the victim, was given a certain amount of consideration from those who need to pay the mobile phone value without the intention or ability to sell it or pay it, and was thought to pay it with a mobile phone in the name of the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above and using the cell phone in the name of the victim (AF) opened by the mobile phone agency located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) obtained the pecuniary benefits of KRW 3,533,938 (1,174,890, 813,620, 1,545,428, and 1,528,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,

2. On February 14, 2020, the Defendant made a false statement to the above victim AC, stating that “The Defendant will terminate the above victim after one month, if you go through the name of D, and would pay the use fee.”

However, at the time, the Defendant, as seen above, sold a mobile phone in the victim’s name even if he received it, or received a certain amount of payment from the needy who need to pay the mobile phone value without the intention or ability to pay the said amount, and thought that he would make a settlement with a mobile phone in the victim’s name.

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