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(영문) 부산지방법원서부지원 2020.10.28 2020고단627
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 6, 2017, the Defendant called for the victim D's siren service using a mobile phone at the Defendant's residence located in Gangseo-gu Busan building B, Gangseo-gu, Busan, and applied for a siren of water purifiers (WD501AP) equivalent to KRW 968,990 at the market price.

However, in fact, if the Defendant applied for a siren, he only applied for a siren with the intention to receive the cash gift, but did not have the intention or ability to pay the siren normally.

The Defendant, at around that time, obtained installation from the victim of the above Defendant’s residence a water purifier and acquired it by deception, and obtained them from the victims through the same method from February 12, 2018, such as water purifiers and clothes drying machines (total market price of KRW 8,324,720) through the same method as indicated in the attached crime inundation (1).

Accordingly, the defendant was provided property by deceiving the victims.

"200 Highest 441"

1. On January 8, 2018, the Defendant: (a) entered into a contract to conceal “BAS29-A”, which is a good, from F Co., Ltd. at an French location; (b) on a total period of 60 months; (c) the period of compulsory use; (d) 36 months; (d) monthly siren 23,900; and (e) the settlement of the said siren fee, which is transferred from the H organization account in G’s name, entered G’s name in the signature column.

Accordingly, for the purpose of uttering, the Defendant forged a siren contract under the name of another person, including forging one copy of the rental contract under the name of G, which is a private document on the rights and obligations, from January 6, 2018 to February 8, 2018.

2. The Defendant at the time and place specified in paragraph (1) above, and at the same time and place, found that the above FFF corporation’s name could not be known, was a genuine employee to conclude the forged rental contract.

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