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(영문) 창원지방법원 2019.06.12 2018고단622
사기등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, the Defendants made a false statement to the effect that “The Defendant A and B shall be liable for the value of the device and charges of the mobile phone in full at the time of opening the mobile phone.” On July 13, 2017, the Defendants made a false statement to the effect that “The victim F, the victim G, who was aware of the usual social location at the center of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and the victims, “In order to conduct Kwikset Service and the news room at the Changwon-gu, Seongbuk-gu H. In addition, there is a need for a lot of mobile phones.”

However, even if the defendants received an open cell phone from the victims, they immediately disposed of it, and there was only the intention to use it as living expenses or entertainment expenses with the disposal money, etc., and there was no intention or ability to pay the mobile phone charges, equipment charges, etc.

From July 13, 2017, the Defendants received one cell phone of KRW 1,152,80 from the victim G to pay the user fee of KRW 358,360, and the Defendants did not pay the user fee of KRW 1,152,80 from the victim G. In addition, the Defendants received eight cell phoness of KRW 9,365,780, total market price from the victims from around that time to August 5, 2017 by the following means: (a) the Defendant did not pay the user fee of KRW 1,98,590, total amount of the user fee of KRW 1,986,590.

As a result, the Defendants conspired to induce victims to receive property and obtain pecuniary benefits from the victims.

[Defendant B] 2018 Highest 1297 [Defendant B]

1. Crimes against K of Victims;

A. The Defendant, at around 16:56, July 23, 2017, entered the list of crimes No. 2 in the annexed Table No. 2 from around that time to November 17, 2017, as well as from around that time, the Defendant: (a) borrowed a mobile phone device to the victim K at the Jinwon-gu, Changwon-gu, Changwon-si; (b) made a small payment of KRW 50,00 to M using a mobile phone in the victim’s name by allowing it to enter information, such as the victim’s authentication number, etc., into the victim’s cell phone; and (c) made the information processing.

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