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(영문) 서울동부지방법원 2014.10.23 2014고정1651
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around March 29, 2008, the Defendant made a false statement to the effect that “The Defendant, at a branch office in the Jung-gu Seoul Metropolitan Government New-dong, had a 270 million won amount to be received by the end of March from an enterprise in sex distribution in Gyeonggi-do, which would be received by the end of March,” among which 10 million won can be used.”

However, the Defendant did not have any money to receive as above and did not have any intention or ability to repay the money to others even if the Defendant borrowed money from others because there was no particular property or income.

The Defendant received 8,460,000 won in total from the victim’s place to June 13, 2008, from that time, from around 16 times as shown in the annexed crime list, from that time.

2. On April 2008, the Defendant related to the mobile phone: (a) at least two mobile phone agents located in Jongno-gu Seoul Jongno-gu Seoul sublime-dong (2008, the Defendant borrowed money to the victim B; (b) the Defendant made the Handphone and dealt with the money within two months.

“The purpose was to make a false statement.”

However, the defendant did not have the intention or ability to pay the mobile phone price and the user fee even if he received the mobile phone opening in the name of the victim for the above reasons.

The Defendant received two parts of the KTF mobile phone (C market price of KRW 773,550, KRW 875,250, KRW 1,648,800, and KRW 1,648,800) and two parts of the LG mobile phone (E fee of KRW 2,731,903, and KRW 2,392,110, such as the F’s fee of use), which are opened in the name of the victim, from the victim, and did not pay the amount of use.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including B statements);

1. Protocol of each police statement concerning B;

1. Official receipt, passbook receipt, statement of transactions with automatic cash withdrawal machines, statement of transactions with automatic machines, passbook, account status and balance sheet, statement of transactions with automatic machines, statement of transactions, statement of transactions, statement of request information and communication, and application of the Acts and subordinate statutes of the applicant information bureau;

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