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(영문) 서울서부지방법원 2014.04.09 2013고단2049
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A

A. On September 2010, the Defendant, “F” with the victim B, who became aware of through the Internet telephone room, stated that “F” means that “If the Defendant is operating the “H gas station located in Cheongju-gu, Young-gu, Cheongju-si,” has an apartment sales right, he/she shall use it, pay the card price, and pay the amount of KRW 20 million per month as daily living expenses, because he/she also has an apartment sales right in Sung-nam, and, at the same time, he/she introduced the victim as the victim’s phone and then introduced him/her as the victim’s electric affairs.”

However, the Defendant was merely an employee of the “H gas station”, and was not holding the right to sell apartment units in Sungnam-si, and there was no retirement allowance to be received from the “SK”, and thus, there was no intention or ability to pay the amount of the use in time even if the Defendant received a credit card from the victim and used it.

On September 27, 2010, the Defendant conspired with E to make a false statement, and around September 27, 2010, the Defendant purchased 298,000 won goods in the name of the victim in Hyundai Home Shopping, using one copy of the Victim’s Name, and paid the price in accordance with the attached list of crimes, and acquired pecuniary benefits equivalent to the same amount by failing to pay the price in total of 248 won, including one card, national card, new card, and modern card, as stated in the attached list of crimes.

B. On September 30, 2010, the Defendant’s sole criminal defendant told the victim B of the “J” office located in the Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu I to the effect that the Defendant would pay the mobile phone installments and the mobile phone use fee in the front line with the cell phone in the name of the party.

However, the facts are.

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