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(영문) 광주지방법원 2015.05.20 2015고정628
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 2009, the Defendant stated that “The Defendant would use the mobile phone in the name of the president when he opened the mobile phone in the name of the victim D in Gwangju Northern-gu, and pay the fee well” to the victim in the E restaurant operated by the victim D in Gwangju Northern-gu.

However, in fact, the defendant has no intention to work for a long time in the above Chinese restaurant, and even if he opens a mobile phone without any particular property, he/she did not have an intention or ability to pay the price

As such, the Defendant, by deceiving the victim and allowing the victim to open one cellular phone (F) by making him/her enter the cell phone, and used it from April 9, 2009 to June 18, 2009, thereby acquiring property benefits equivalent to the same amount by failing to pay a total of 453,560 won.

On May 5, 2009, the defendant continued to pay 400,000 won to the victim on May 5, 2009.

However, the defendant did not intend to continue to work as the delivery employee at all times.

The defendant was given 400,000 won in cash from the victim's seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes on a copy of the loan certificate and receipts;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Optional fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is not good for the defendant’s health, and economic situation is difficult. However, the defendant did not recover from damage for more than five years despite the amount of fraud that is not significant by the defendant, and the defendant shall recover from damage, except for 50,000 won.

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