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(영문) 대구지방법원 2017.05.31 2017고정797
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant did not have any specific income due to the absence of a special occupation, and was unable to pay the mobile phone fee due to the absence of the balance of the passbook at the time, and there was approximately KRW 3 million for the unpaid obligation of the mobile phone, and thus, even if the Defendant borrowed the victim B’s name and opened the mobile phone and used it, there was no intention or ability to transfer the name after three months, or to pay the machine price and the communications fee.

1. On August 3, 2016, the Defendant: (a) on August 3, 2016, at a bus terminal located in Ulsan-gu Busan-dong, Ulsan-gu, Busan-do, the Defendant: (b) made a false statement to the victim that “The Defendant opened only one cell phone which alters the name three months after the need for the phone is required for the phone; (c)”; and (d) received 71 services from the injured party so far as gallon-gu, the Defendant did not pay a mobile phone fee of KRW 332,270; and (c) obtained property benefits by failing to pay a mobile phone fee of KRW 968,00,000 at the market price.

2. On August 22, 2016, the Defendant, even committing a crime around August 22, 2016, went away from the cellular phone opened as above at a remote place located in Ulsan Metropolitan City, and was issued seven set of street sets equivalent to KRW 988,90 at the market price by making the victim’s false statement in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of opening data and messages;

1. Application of Acts and subordinate statutes to the investigation report (No. 10, the confirmation of unpaid charges and the list of evidence);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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