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(영문) 청주지방법원 제천지원 2019.09.19 2019고정13
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 December 27, 2016, the Defendant made a false statement to the victim E, “A mobile phone cannot open the cell phone due to low credit level. It is possible to open the cell phone under the four names and use it only for three months after paying the face value for three months.”

However, there was no intention or ability to pay mobile phone charges because the defendant did not have any particular property or income and was in bad credit standing due to debts excess.

The Defendant: (a) opened a opphone 7 mobile phone from the victim on the same day; and (b) from that time up to May 29, 2017, the Defendant did not pay KRW 3,180,020 from that time to that of the said mobile phone use amount; and (c) did not cause the victim to pay the amount of KRW 3,180,020; (d)

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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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