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(영문) 수원지방법원 2020.03.11 2019고단5006
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on November 19, 2017.

【Criminal Facts】

A victim B (the age of 22) is a person who lacks intellectual ability of 57 intellectual intelligence index.

1. On February 28, 2018, the Defendant made a false statement to the effect that “D” mobile phone agencies located underground in C Station, “The Defendant will dispose of and use the mobile phone in the name of the driver to open and use the mobile phone, and the monthly charge will be repaid instead of the payment.”

However, in fact, the defendant is liable to pay 13 million won or more, such as the unpaid charge on a mobile phone, and there is no certain income or significant active property, and even if he opens a mobile phone in the victim's name because he has no intention or ability to pay the cost on behalf of the mobile phone value or the mobile phone

Accordingly, the Defendant deceiving the victim as above, and then acquired the victim's mobile phone X from the victim's company in the military f of the victim's company in the military f of 1,57,600 won at the market price opened from E from the victim.

2. The crime on March 2, 2018;

A. On March 2, 2018, the Defendant made a false statement to the effect that, even if he opens a mobile phone in the name of the victim as described in the above Section 1, he/she did not have an intention or ability to pay the amount of the device value or the mobile phone fee instead of the mobile phone fee, the Defendant obtained a victim’s mobile phone, which is equivalent to KRW 1,557,60,000, the market value of the device value and the mobile phone fee, etc., which was opened from the an alleyway in the vicinity of the Suwon Station, by allowing the victim to deliver the mobile phone X, which is equivalent to KRW 1,557,60,00, which was opened from H, to the victim.

B. On March 2, 2018, the Defendant is the only Smoking car page (sing car page) in the vicinity of the Suwon Station around 19:30, and the facts are the victim’s name.

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