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(영문) 부산지방법원 동부지원 2018.08.29 2017고단2686
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 15, 2016, around Busan, the Defendant made a false statement to the victim B, “The cost of the mobile phone machinery and the cost of the mobile phone on the opening of the mobile phone in the name of four mobile phone will be paid to the victim.”

However, even if the defendant is delivered a cell phone in the name of the victim, he did not have the intention or ability to pay the machine price and the user fee.

The Defendant: (a) by deceiving the victim as above and using one cell phone in an amount equivalent to KRW 569,402 at the market price, which was opened in the name of the victim on the same day from the victim; (b) did not pay the total amount of 1,114,392 won; and (c) acquired property benefits equivalent to the same amount.

2. On August 15, 2016, the Defendant shall pay the victim B ( South and 20 years of age) with the “affort loans within the country” to the victim B (hereinafter referred to as the “V”) in front of the pawned Faban located in Nam-gu, Busan.

If N.V. Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba, which is worn by N. Ba Ba Ba, was provided with money and then lent the money to F. Ba Ba Ba, but the victim was refused to pay it later, and the victim expressed his attitude that he would be at the face of the victim in drinking, while taking a bath that "We should fe feb feb feb", and was issued one gold Ba at the market price of 1,200,000 won from the victim of drinking, namely, from the victim of drinking.

Accordingly, the defendant received property by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A protocol concerning the examination of the police officer in G;

1. The contract for the pawned loan transaction;

1. Application for this mobile subscription, application of the terminal price, and application of the Acts and subordinate statutes of the usage fee receipt;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 350(1) (a) of the Criminal Act (a point of fraud) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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 62 of the Criminal Act:

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