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(영문) 울산지방법원 2013.04.12 2012노735
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not call the victim G and I to open a cell phone in a fake to the victim G and I, and that the above victims did not believe such remarks as those who know well about the mobile network marketing. Therefore, the defendant did not deceiving the above victims, and the remaining victims did not deceiving the above victims, and the defendant did not deceiving them, and the defendant did not forge and use the application for four mobile phones including G as stated in the annexed crime list (II) in the judgment of the court below, and the defendant did not forge and use the application for four mobile phones including G, such as the annexed crime list (III) as shown in the annexed crime list (III) in the judgment of the court below. The defendant shall receive four mobile phones from the victim SKcom Co., Ltd. and claim for the payment.

Although there was no pecuniary benefit equivalent to the amount, the court below found all of the charges of this case guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., victim G, I, and I have consistently stated in the investigative agency and the court of the court below that “I will open a mobile phone in a fake,” and that “I will pay an allowance every day if I have subscribed to the new mobile phone,” and that I have consented to the opening of the mobile phone directly from the defendant at the investigative agency and the court of the court below, and the victim AC, L, Q, T, M, P, S, U, and R also have consistently stated that I have consented to the opening of the mobile phone as stated in the attached list of crimes (II) in the judgment of the court below. The victim G, I, and M have consistently stated that there is no consent to the opening of the mobile phone as stated in the attached list of crimes (II) in the judgment of the court below, and the victimO has consented to the opening of the mobile phone through AD, through the victim J, and the victim I has consented to the opening of the mobile phone through the victim J.

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