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(영문) 부산지방법원 2019.01.14 2018고정360
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

The defendant granted a small amount of money to persons with disabilities, etc. to open his/her mobile phone and let them open his/her mobile phone, and had them gain profits from selling his/her mobile phone to middle and high-ranking business operators.

On February 19, 2016, the Defendant, along with B, made a false statement with B to the victim C, who is the third degree incompetent with intellectual disability, sitting in the underground stairs, at a performance hall for urban railway in the city of 717 underground as the center of Busan-gu Busan-gu, Busan-do.

However, in fact, the defendant was merely an intention to sell profits by returning the victim's opened mobile phone, and only intended to use the mobile phone, so that the cost of the mobile phone and charges for the use of the mobile phone can be claimed to the victim.

The Defendant, along with B, enticed the victim as above, got the victim from E store located in the same Gu D, got him to open one of the 6 mobile phones in the name of the victim, and received the above mobile phone from the victim, and caused the victim to claim KRW 957,190,00 in total for the mobile phone price and service fee.

The defendant continued to move the victim to the I mobile phone sales store near the Busan G market with B, and let the victim open the 6.11 J under the victim's name, and received the above mobile phone from the victim, and made the victim claim totaling KRW 958,400,00 from the mobile phone sales store.

Accordingly, the defendant, in collusion with B, acquired a total amount of 1,915,590 won property profit by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the accused, B, and H;

1. Statement of police statement concerning C and B;

1. A H statement;

1. Application of Acts and subordinate statutes to report internal accidents (ablphone service attaching documents related to a new contract);

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

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