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(영문) 광주지방법원 장흥지원 2020.01.30 2019고단195
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, at around 22:07 on February 12, 2019, the Defendant listened to the speech that he would use a DNA phone from a person under whose name he/she used a DNA “D” through a C website, and sent an online opening pledge attached with an identification card to a person under whose name he/she was not the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name he/she was the party under whose name

2. Fraud;

A. Around January 18, 2019, the Defendant made a false statement to the effect that “Around January 18, 2019, the Defendant would charge the victim F with money at his/her own house as stated in paragraph (1) and would be repaid later.”

However, in fact, the Defendant was a bad credit holder with a debt equivalent to KRW 10 million at the time, and there was no workplace, and thus, the Defendant did not have any intent or ability to repay the money to the victim.

After all, the defendant from January 18, 2019 to the same year from the victim.

2. A total of KRW 1,393,000 was delivered until 14.

Accordingly, the defendant was delivered property by deceiving the victim.

B. Around January 24, 2019, the Defendant made a false statement that “The Defendant would grant all the value of the machinery and charges to the victim indicated in the foregoing paragraph at a location in the Seoul Special Metropolitan City, Heung-gun, Seoul Special Metropolitan City, to open the Handphone under his name.”

However, in fact, the defendant received a cell phone call from the victim in the name of the victim and thought to sell it to the victim, so there was no intention or ability to pay the mechanical value of the cell phone and the fee to the victim.

Ultimately, the Defendant is in a position equivalent to KRW 1,364,00,000, which was opened in the name of the victim around January 24, 2019 from the victim.

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