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(영문) 창원지방법원 마산지원 2015.10.07 2015고정252
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant stated to the effect that “The Defendant would pay all the service charges to the victim D, on the face of one cell phone in the name of the victim.”

However, the defendant did not have the intention or ability to pay the user fee even if the victim has opened a mobile phone in his name.

The defendant opened one cell phone (E) in the name of the victim through the victim, namely, the victim's cell phone, and acquired Samsung Gallon ju City of Samsung 868,00 won in a way that does not pay the user fee. The defendant acquired the amount equivalent to KRW 228,00 in a single cell phone and the amount equivalent to the use fee of KRW 228,00.

Summary of Evidence

1. An interrogation protocol of the accused prepared by the police on January 9, 2015

1. Each statement of the F.D. prepared by the police;

1. Application of Acts and subordinate statutes to a copy of application;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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