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(영문) 인천지방법원 2017.01.25 2016고단6010
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

[Criminal Records] On October 5, 2016, the Defendant was sentenced to six years of imprisonment with prison labor by the Incheon District Court for robbery, etc. and the above sentence became final and conclusive on December 29, 2016.

[Criminal facts] On January 21, 2015, the Defendant called the victim C, who is the birth of an elementary school, to the victim C, who is the birth of an elementary school, and requires the performance of personal phone opening.

A false statement was made to the effect that a mobile phone operator borrowed his/her name so that he/she can open the cell phone, and then terminated the mobile phone after six months, and that he/she would not cause any damage by paying the mobile phone price and the user fee.

However, the fact was that the Defendant was unemployed at the time and was in bad credit standing, and was thought to sell the mobile phone as public machinery after one month after opening, and use it as business investment funds and living expenses, so even if a mobile phone is opened in the name of the victim, there was no intention or ability to pay the cost of the device or the fee properly.

Defendant: (a) deceiving the victim as above; (b) received photo files from the victim’s driver’s license from the victim by e-mail on the same day; (c) opened two cell phoness in the victim’s name from the SK Telecom Agent located in Yeonsu-gu Incheon Metropolitan City, on January 22, 2015, the next day; and (d) obtained pecuniary benefits equivalent to the same amount by not paying KRW 2,133,030 in total of the mobile phone devices and fees.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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