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(영문) 부산지방법원 2016.09.08 2015고단635
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Notwithstanding the fact that the Defendant did not obtain the consent from his father B on the opening of a mobile phone, the Defendant, at around 14:00 on July 1, 2013, concluded that the victim E, an agency employee, obtained the consent from the above B on the opening of the mobile phone.

As above, the Defendant, by deceiving the victim as above, received a cell phone of gallons4 (e300 k) with a market value of KRW 899,800 from the victim.

2. On February 6, 2014, the Defendant: (a) called the victim F at a place where it is impossible to know the Busan or lower place; and (b) concluded that he/she obtained consent from G even though he/she did not have obtained consent from G to open a mobile phone in the name of G.

As above, the Defendant, by deceiving the victim as above, had the victim open gallonian 3 in an amount of 887,00 won at the market price from the victim, received delivery from the nine floors of the H building in Busan Dong-gu through Kwikset Service.

3. On March 4, 2014, the Defendant: (a) called the victim F at a place where it is impossible to know the location below Busan P.M. on or around March 4, 2014; (b) concluded that the Defendant obtained the consent from I even though there was no consent from I to open a mobile phone in the name of J

As above, the Defendant, by deceiving the victim as above, had 99,90 won of the market price from the victim open to 99,99,00, was delivered to Kwikset service through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each police statement of G and I (each statement of the police station 2014-7865, each of the police stations 2014-7865);

1. Application of the Acts and subordinate statutes of each investigation report (number 10, 11, 15)

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the same crimes to the defendant.

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