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(영문) 대구지방법원 포항지원 2016.08.26 2016고정102
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 27, 2015, the Defendant paid the victim B the mobile phone device cost and the fee on the front side of the second apartment house in the Changpo-gu, Changpo-dong, Changpo-dong, Changpo-gu, North Korean, in the name of the Defendant.

“A false statement was made to the effect that it was “.”

However, even if the defendant receives and uses a mobile phone opened in the name of the victim, he/she did not have any intention or ability to pay the mobile phone cost and fees.

The Defendant, by deceiving the victim and using two cell phoness (two cellphones, three cellphones, three, and D) from the victim around that time, did not pay the sum of KRW 2,217,480, including the mobile phone device cost, KRW 1,592,980, and usage fee of KRW 624,50, and KRW 624,50.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to data on the opening of a mobile phone and the details of claim for mobile phone charges;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

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