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(영문) 대구지방법원 2013.05.10 2012고정3658
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 23, 2009, the Defendant made a false statement to the victim C, stating that “The charge shall not be sicked, and shall not be sicked, and shall be borrowed in the name of the mobile phone entry.”

However, the defendant did not have any intention or ability to pay user fees even if he/she opens a mobile phone from the victim because he/she has no occupation or income.

The defendant, with the consent of the victim, entered into a contract for mobile phone service (portable telephone database) in the name of the victim, and acquired financial benefits equivalent to the same amount because he did not pay the cost of the mobile phone service, even though he received the mobile phone service equivalent to 156,110 won.

2. Around December 5, 2009, the Defendant made a false statement to the effect that the Defendant “on the face of a house that borrowed the name to enter the Internet” to the said victim at the Defendant’s residence in Daegu Dong-gu, Daegu-gu.

However, the defendant did not have any intention or ability to pay user fees even if he/she opens the Internet by lending his/her name from the victim due to a lack of occupation or income.

The defendant, with the consent of the victim, entered into an Internet-use service contract in the name of the victim, and received Internet-use service equivalent to KRW 181,938, and acquired financial benefits equivalent to the same amount as the user did not pay it.

3. On May 19, 2010, the Defendant made a false statement at the place indicated in paragraph 1, stating that “The telephone machine previously used was destroyed by water, thereby leaving the cell phone again.”

However, the defendant did not have any intention or ability to pay user fees even if he/she opens a mobile phone from the victim because he/she has no occupation or income.

The defendant, with the consent of the victim, entered into a contract for mobile phone service in the name of the victim, and 467,970 won.

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