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(영문) 울산지방법원 2015.09.24 2015고정856
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 4, 2014, the Defendant: “Around September 4, 2014, the Defendant: (a) lent the name to open a mobile phone; (b) KRW 300,000 to KRW 30,000; and (c) KRW 500,000 to KRW 3,000; and (b) sold the mobile phone distributors under the name of the victim from that time to that of the mobile phone agent located in Ulsan-gu, Ulsan-gu; and (c) sold the mobile phone distributors under the name of the victim from that time to the 5th day of the same month.

However, even if the victim opens a mobile phone as above, the defendant did not have any intention or ability to pay the mobile phone price or charge or to delete the opening records.

Accordingly, the defendant deceivings the victim D as above and caused the victim to bear the amount of KRW 30 million in the mobile phone price and fee, thereby acquiring property profits equivalent to the same amount.

2. On September 15, 2014, the Defendant made a false statement to the victim E that “The Defendant will give three mobile phones and seven hundred thousand won to each other. All the mobile phone charges shall be paid, and shall be terminated three months after each other.” From that time to that time, the Defendant allowed the victim to open three mobile phones in the mobile phone unit located in Ulsandong-gu, Ulsan-gu, U.S., U.S. to open three mobile phones in the name of the victim from that time to the 18th day of the same month, and then sold it to the mobile phone distributor with the name of the victim.

However, even if the victim opens a mobile phone as above, the defendant did not have any intention or ability to pay the mobile phone price or charge or to delete the opening records.

Accordingly, by deceiving the victim E as above, the defendant had the victim bear the amount of KRW 30 million in the mobile phone price and fee, and acquired property profits equivalent to the same amount.

Summary of Evidence

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