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(영문) 대구지방법원 2013.07.03 2013고정938
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around September 16, 2011, the Defendant made a false statement to the victim E, “D,” stating, “I will faithfully pay the victim E the face value of the cell phone, the instrument value, and the telephone fee by opening the cell phone under the name of the party.”

However, the defendant had no intention or ability to pay mobile phone charges, etc. even if he opened and used a mobile phone in the name of the victim due to no special occupation and income.

The Defendant, by deceiving the victim as above, had the victim establish a cellular phone in the name of the victim immediately, and had the victim do so thereafter, from that time until July 2012, the Defendant acquired it by deceiving the victim, without paying KRW 1,291,770, such as mobile phone charges, from that time to July 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of unpaid charges and copies of new applications;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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