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(영문) 의정부지방법원 2016.11.24 2016고단2379
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

"2016 Highest 2379"

1. On August 18, 2015, Defendant A’s fraud made a false statement to the victim G at a F agency located on the first floor of the building E in the Gyeonggi-ri-si, Gyeonggi-do, that “I will open only two mobile phones in four names, and make it difficult to pay a fee.” However, the Defendant had no intention or ability to pay the mobile phone fee due to the absence of any special property or income.”

As above, the Defendant: (a) by deceiving the victim as above, caused the victim to bear one-phone 6 mobile phone amounting to KRW 974,000 in the market price on the same day; and (b) acquired pecuniary benefits equivalent to the same amount; (c) from August 18, 2015 to December 22, 2015, the Defendant acquired pecuniary benefits equivalent to the sum of KRW 13,236,248 from the victims in the manner described in the attached Table of Crimes (1).

2. Although the facts charged on this part of the defendant A are stated on the premise that the defendant A conspired with the co-defendant B to commit the crime, the part of the co-defendant B's conspiracy is not recognized as the grounds for innocence and, as long as the defendant's right of defense is not disadvantaged, the following should be used.

Defendant A: (a) around August 19, 2015, at the same place as the foregoing paragraph (1), Defendant A, using a computer, entered the GGU subscription program; (b) entered the G personal information necessary for opening a cell phone; (c) made a digital signature on the G’s name; and (d) sent the electronic filing date of the application for opening a cell phone in the said G name to an employee in charge of communications company, who knows that it was genuine, as such, as the said electronic filing date of the application for opening a cell phone in the said G name was completed.

As a result, Defendant A will be able to handle the affairs.

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