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(영문) 서울중앙지방법원 2014.02.20 2013고단6540
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 29, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, two years of suspended execution, and the judgment became final and conclusive on November 6, 2013, and operated “D” as a special telecommunications business operator (ju)C from Gangdong-gu Seoul Metropolitan Government (Da) under B204.

[2013 Highest 6540] The Defendant, subject to the payment of KRW 600,000 per unit of contract formation, was able to gain profits by taking over the customer name group (to visit places or DB) who expressed his/her intent to install a landfill-type recreation and installing a mobile phone fee against the customer, and making advance payment of the mobile phone fee to the customer.

On January 28, 2013, the Defendant stated to the effect that, around 205, the F apartment 205 Dong-gu, Daegu Northern Zone 205, the Defendant installed a construction in the vehicle of the victim G, and that, “it would be done in front of the mobile phone fee of KRW 4 million in advance to the victim, the Defendant would install a construction in front of the mobile phone fee of KRW 4 million with the victim. In the absence of cash, the Defendant would demand a credit card loan to

However, in fact, the above C did not have sold a free call ticket or set a prepaid call fee, and the defendant did not have the intent or ability to grant a free call fee equivalent to the amount, even if he received the money from the victim, since he thought that the remainder would be used individually by the victim.

As above, the Defendant, by deceiving the victim, received 4 million won from the victim and acquired it by deceiving the victim.

[2014 Highest 62] The Defendant’s payment of KRW 600,000 per unit of contract is reasonable if he/she received from E a customer name group (to visit places or DB) who expressed his/her intent to install a landfill-type recreation on condition that he/she pays KRW 600,000 per unit of contract formation and paid the mobile phone fees to the customers.

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