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(영문) 창원지방법원 진주지원 2019.01.11 2018고정341
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 April 20, 2016, the Defendant made a false statement to the victim B (nive, 20 years of age) (hereinafter referred to as “the Defendant”) stating that “400,000 won will be paid to the victim B (nive, 20 years of age) with the opening of three mobile phones at the opening of the three mobile phone, to loan his name, to deal with the mobile phone charges, penalty, and the value of the device at home, and to be responsible for the problem when the problem arises. If the president leaves the mobile phone into a Jive week, he will be exempted from preparing an application for mobile phone entrance.”

However, even if the cell phone is opened in the name of the victim, there was no intention or ability to pay the cell phone price and the cell phone fee on behalf of the victim.

On April 29, 2016, the Defendant, by deceiving the victim, received the application from the victim to enter the cell phone in the name of the victim in the Jinju-si, on April 29, 2016, and then opened three mobile phones (C) (D) (E) in the name of the victim using it, and had the victim pay 3,260,790 won to the victim until July 2016, thereby gaining financial benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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