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(영문) 서울북부지방법원 2015.02.13 2014고정2775
사기
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

On December 2, 2011, the Defendant made a telephone call to the victim C, and called “to lend the name in the name of opening the cellphone, so it is not a opening, and to use and terminate it only for one month.”

However, the defendant had no intention or ability to use the victim's name only for one month, and there was no intention to open only one mobile phone.

As such, the Defendant, by deceiving the victim and receiving a letter of delegation and a copy of his resident registration certificate from the victim, opened two cell phoness in KT and did not pay a fee equivalent to KRW 2,718,420, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of letter, certificate of collection of charges;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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