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(영문) 대구지방법원 2016.01.29 2015고단5638
사기
Text

Defendant

C and A shall be punished by imprisonment for four months, and by imprisonment for six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

C On October 16, 2015, the Daegu District Court sentenced one year of imprisonment for fraud and two years of suspended execution, and the above judgment became final and conclusive on October 24, 2015.

Defendant

B On October 1, 2010, the Ulsan District Court sentenced 1 year and six months of imprisonment and 300,000 won of fine for a violation of the Punishment of Violences, etc. Act (Habitual violence) at the Ulsan District Court on the punishment of violence, etc., and completed the execution of the sentence on August 20, 2012.

Defendant

A on November 12, 2008, after being sentenced to three years of imprisonment for any quasi-Robbery from the Suwon method sources, the execution of the sentence was completed on November 9, 201.

1. The Defendants, even if they opened a mobile phone from the victims by using the opening documents of the mobile phone, were aware that they had no intent or ability to pay the cost of the mobile phone or the cost of the mobile phone instead of paying the cost of the mobile phone, and opened the mobile phone under their names, such as personal identification cards, etc., as if they were to pay the cost of the mobile phone, and then have the right to dispose of the mobile phone and divide the cost of the mobile phone. Defendant C, as ordered by Defendant B, intended to take charge of delivering the opening documents of the mobile phone with Defendant C’s collection to Defendant A and delivering part of the cost of the mobile phone disposal after the opening of the mobile phone to Defendant C. Defendant A, as seen above, was able to take charge of opening the mobile phone in the name of the victims by using the opening documents of the mobile phone secured and disposing of it.

According to the Defendants, the Defendant C uses the first half of July 2014, such as Facebook and telephone conversations, etc., and Defendant C provides the Defendant C with “A fee to secure the documents opened from the school-friendly Gu,” thereby gathering documents necessary for opening the cell phone.

The cost of mobile phone apparatus or communication fee shall be the same.

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