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(영문) 부산지방법원 2014.09.19 2014고정518
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to one year and six months of imprisonment in the Busan District Court for fraud, etc., and the judgment became final and conclusive on April 30, 2014.

1. [2014 high-level 518] The Defendant was working as a EL Plus repair engineer, and received the victim D’s failure, and visited around May 9, 2013, at around 2:30, the Defendant visited the victim’s residence located in Busan Seo-gu E.

At all times, the Defendant inspected the Internet connection line, etc. through Samsung T&M on the market value of the victim's ownership through Samsung T&M, and concluded that "the victim's operation is not good due to virus, and the inside is accepted personally because it is accepted."

However, the fact was that the defendant did not intend to repair the victim's know-how, and it was thought that he would not return the victim's know-how.

The Defendant, as above, by deceiving the victim and, in other words, acquired 30,000 won and 30,000 won from the above Not North Korea under the pretext of accepting Not North Korea from the victim.

2. [2014cc. 786] around 10:00 on May 25, 2013, the Defendant confirmed the victim’s first diving while drinking alcohol with the victim’s H, etc. at the guest room located in F Gmomoto 705 located in Busan City, Busan, and stolen the Defendant’s cash 10,000 won located on the victim’s wall and the EL options mobile phone owned by the victim (on a market price of KRW 960,000).

Summary of Evidence

1. Each legal statement of witness D and H;

1. Statement of the police officer to I;

1. Written Statement;

1. Each protocol of seizure and each list of seizure;

1. A copy of a sales contract, a certified copy of resident registration, or a copy of resident registration certificate;

1. Mobile phone photographs and seized objects;

1. Application of each Act and subordinate statutes governing communications data sessions;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act and selection of fines for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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