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(영문) 전주지방법원 2020.10.13 2020고정204
사기
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was the first person who met the victim C through the branch in June 24, 2019.

On June 24, 2019, the Defendant made a false statement to the effect that “E” was “The Defendant would directly pay the victim the installment of the cell phone and the fee for the use of the cell phone in his name.”

However, the Defendant did not have any special occupation or income, and was bad credit standing up to 6 million won, and thus, even if opening a mobile phone under the name of the victim, the Defendant did not have an intention or ability to pay the price or the service fee normally.

The Defendant, by deceiving the victim, had the victim take part in the victim’s market price of KRW 1,705,00,000 in the name of the victim, and caused the victim to take part in the victim’s name, and brought up two mobile phones of the above mobile phone, which is equivalent to KRW 1,705,00 in the market price of KRW 1,70,00, and KRW 281,870 in the market price. The Defendant obtained property benefits equivalent to KRW 3,691,870 in total by failing to pay the above mobile phone price and KRW 281,870 in the above G mobile phone price.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and H;

1. Each internal investigation report and each investigation report;

1. Application of each written confirmation of admission and the statutes governing each application for admission;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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