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(영문) 전주지방법원 2019.02.14 2018고단1765 (1)
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2018, Co-Defendant B and C had the Defendant open a cell phone against the victim D, who is a post-school leader, and received it and sold it, and proposed the fraud (the 'portable 'portable tin'), thereby acquiring property profits, and conspired to commit the crime with the consent of B and C.

1. On January 16, 2018, the Defendant and B, and C concluded that the “E” agent located in the Mineyang-si around A.M., “A shall take the victim into account the victim, and “A shall treat the cellphone in the four names without any damage, and make the victim take money.”

However, the fact is that the defendant, B, and C uses the cell phone even if the victim issues the cell phone by opening the cell phone.

매도한 후 그 대금만 가로챌 작정이어서 피해자를 대신하여 휴대폰 단말기 대금과 휴대폰 이용요금을 납부할 의사나 능력이 없었다.

The Defendant, B, and C conspired to induce the victim to open one mobile phone (opon) in the name of the victim and let the victim open the same, and received it and acquired property benefits equivalent to KRW 1,579,130 in total of the mobile phone price and service fee.

2. The Defendant and B, and C, around January 16, 2018, sent the victim to the “G” agency located in Namwon-si, Namwon-si, Seoul, and made a false statement to the victim in the same manner as Paragraph A(1).

The Defendant, B, and C conspired to induce the victim to open one mobile phone (opon) in the name of the victim and let the victim open the same, and received it and acquired property benefits equivalent to KRW 1,579,130 in total of the mobile phone price and service fee.

3. The Defendant and B, and C, around January 20, 2018, sent the victim to the “I” agency located in H in Nam-si, Namwon-si, Namwon-si, and made a false statement to the victim in the same manner as Paragraph A(1).

The defendant, B, and C are conspired to do so.

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