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(영문) 광주지방법원 2020.06.12 2019고단5311
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Victims B;

A. On November 12, 2018, the Defendant stated to the effect that, around November 12, 2018, the Defendant: (a) at the mobile phone agency located in Geum-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju; and (b) the victim B, “I cannot open the mobile phone with bad credit standing; (c) once opening the mobile phone under four names, I will immediately transfer the mobile phone name and pay the fee in a normal manner.”

However, at the time, the defendant did not have certain income, and there was no intention or ability to pay mobile phone charges as promised to pay to the victim because he planned to transfer the opening mobile phone to the person with no name-based mobile phone solicitation.

Nevertheless, the Defendant: (a) by deceiving the victim as above, let the victim open the phone in the name of the victim; and (b) by failing to pay the fee of KRW 1,842,050, the Defendant acquired financial benefits equivalent to the same amount.

B. On November 19, 2018, around November 19, 2018, the Defendant stated that the Defendant would immediately repay the rental fee under the name of the victim B at the Crenter’s business office located in Gwangju, Gwangju, and the victim B.

However, at the time, the defendant did not have any intention or ability to repay the siren cost as promised to the victim because there was no certain income.

Nevertheless, as above, the defendant deceiving the victim and let the victim pay 403,000 won for the rental car of the car of the mother and the defendant acquired property benefits equivalent to the same amount.

2. The Defendant: (a) around January 8, 2019, in the vicinity of the Victim D’s House located in Gwangju Mine-gu, the Defendant: (b) took a large amount of money because he/she attempted to run his/her business; (c) he/she cannot open his/her cell phone; (d) he/she pays for the amount of KRW 400,000 per month when he/she opened his/her cell phone necessary for his/her business in four names.

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