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(영문) 서울중앙지방법원 2017.11.24 2017고정2788
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant was aware of prior knowledge on September 18, 2015, in the absence of the consent from B to open a mobile phone in his/her name and make a payment by credit card in his/her name.

B’s personal information and the credit card number of one bank in the name of B, who was completed using B, filed an application for the payment of the price using the above bank’s mobile phone opening in the name of B and the above one bank’s credit card in the name of B, and the victim may open one of B’s mobile phone opening in the name of B (Aphone 5S) from a person in charge of the operation of H-V mobile phone opening from H-V mobile phone opening to June 30, 2016, and acquired property profits equivalent to the above amount of KRW 680,340 from that time to June 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to B;

1. A criminal investigation report (attaching a written confirmation for payment submitted by a complainant);

1. The certificate of the deposit of the health fee, the certificate of the management plan for a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in the form of a loan in a

1. In light of the relevant legal provisions as to the facts of crime and Article 347(1) of the Criminal Act’s choice of punishment (the choice of punishment, the occurrence of damage to B, which has been repaid on behalf of the victim, has not been recovered, the amount of fine specified in the summary order of this case is to be imposed;

As such, the amount of the fine shall be maintained as it is.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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