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(영문) 서울북부지방법원 2016.06.16 2016고정688
사기
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, along with C (Death on November 20, 2015), operated a mobile phone sales store in the name of “E” in Gangnam-gu Seoul Metropolitan Government D, with the “E”, intended to use the mobile phone at a discounted rate or free of charge the Internet to open the mobile phone and to allow customers to use it free of charge, and the cost of the mobile phone that is paid in full in E, with the intention of using the mobile phone in the name of the customers, and to take profits equivalent to the price.

Therefore, on April 10, 2013, the Defendant, along with C, made the Internet free of charge when opening the cell phone under the name of Party G, and made it possible to use the Internet free of charge, and paid the opened mobile phone charges and the closed mobile phone charges in E, and terminated the cell phone after three months, and thereby making no damage to the victim by termination of the mobile phone. After obtaining F’s consent to the opening of the cell phone in the name of G from F, H agency operating the victim’s name in an unfaced manner, G applied for the opening of the cell phone in the name of G and pays the monthly mobile phone charges and the mobile phone installment charges to the victim in an ordinary manner while using the cell phone, and received from the injured party one mobile phone (I).

However, in fact, even if the injured party opens and takes part in the mobile phone, the defendant and C did not think that the injured party would take profits equivalent to the end price of the mobile phone by disposing of the mobile phone to the purchaser of the mobile phone, but did not think that he would use the mobile phone to G, and there was no intention or ability to pay the end price normally.

As a result, the Defendant conspired with C to receive a mobile phone of an amount equivalent to KRW 849,200 from the injured party and received a mobile phone of KRW 849,200 from the injured party, and from that time to July 1, 2013, the total market price is 5,539.

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