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(영문) 수원지방법원 안양지원 2014.04.03 2014고정114
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Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In August 2012, the Defendant made a false statement to the effect that “Notwithstanding the fact that the Defendant used a mobile phone (J) signed in the name of the victim I but did not have the intent or ability to pay the charge normally, the Defendant is responsible for all of the charges if he/she lends his/her name to the victim so that he/she would have a mobile phone opened.”

The Defendant borrowed his name from the victim and opened the mobile phone with the above phone number from May 21, 2013 to May 21, 2013, and did not pay the phone amounting to KRW 1,063,230 including the cost of the mobile phone machines, and caused the victim to bear the liability equivalent to the same amount.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Statement of the police officer to I;

1. Each investigation report (the details of confirmation of the counter party from the mobile phone sales store and the current status of the payment of suspect fees);

1. Application of Acts and subordinate statutes on debt certificates and details of claims;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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