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(영문) 대구지방법원 서부지원 2017.04.28 2016고정917
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

On December 24, 2015, the Defendant was sentenced to imprisonment with prison labor for special robbery, etc. by the Daegu High Court, and the judgment became final and conclusive on December 28, 2015.

Although the Defendant is expected to not pay sirens or usage fees, the Defendant was able to engage in a siren business as if they were to leave a siren, received the goods, and offered to obtain the profits from returning them, and the Defendant transferred the passbook and identification card in the name of B so that they can be used for such crime to the Defendant.

이에 따라 피고인은 2014. 1. 21. 경 대구 소재 불상지에서 피해자 에이 제이 네트웍 스 주식회사 고객센터에 전화하여 성명 불상의 상담원에게 TV 렌탈을 신청하면서 마치 B 인 것처럼 행세하여 팩스로 B 명의로 작성된 렌 탈신 청서와 B 명의의 신분증 사본을 송부하고, 2014. 1. 27. 경 이에 속은 피해 자로부터 그 무렵 대구 북구 C, 101호에서 시가 886,380원 상당의 LG TV 1대를 교부 받았다.

On February 18, 2014, the Defendant continued to call to the customer center of the victim in Daegu-gu and sent a copy of his/her identification card in the name of the siren and B prepared in B by facsimile as if he/she was B, by phone calls to the customer center of the victim, and applied for his/her name in the same manner as he/she was in B. On February 20, 2014, the Defendant was issued one LG Ulsan Northernbuk-do, an amount of KRW 1,892,589 at the market price of Daegu-gu, Daegu-gu, and around that time, from the injured party.

As a result, the Defendant, together with B, was given property equivalent to KRW 2,778,969 in total twice by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol concerning suspect B of the police;

1. Statement made by the police for E;

1. Complaint;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The Criminal Act dealing with concurrent crimes;

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