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(영문) 광주지방법원 2016.07.14 2016고단983
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal history] On September 30, 2014, the Defendant was sentenced to two months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on June 16, 2015.

[Criminal facts]

1. On March 3, 2014, the Defendant returned KRW 600,000,000,000,000,000,000,000 to the victim Y in the Seoul Northern-dong Park located in Gwangju Northern-dong, and instead, paid the equipment cost and the charges.

“A false representation was made.”

However, even if the defendant purchased and opened a mobile phone from the victim's name, he did not have an intention to return the opening subsidy to the victim, and did not have an intention or ability to pay the mobile phone price and the user fee.

As such, the Defendant, by deceiving the victim, had the victim enter the LG Plus Mobile Call ("Z telephone number") at a mobile telephone agency where the trade name located in the Seo-gu in Gwangju Seo-gu is unknown, and acquired pecuniary benefits equivalent to the total amount of KRW 2,238,190 from March 3, 2014 to April 18, 2015, including KRW 866,800 from the end date date, KRW 86,800 from the end date, and KRW 771,390 from March 3, 2014 to April 18, 2015.

2. On February 13, 2014, the Defendant loaned the money possessed by the victim in the Park in the Gu-gu Office of Gwangju metropolitan City, “I am going to work.” On the other hand, I will pay the money within seven days.

“A false representation was made.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to pay it to the injured party.

As such, the Defendant: (a) by deceiving the victim; (b) received KRW 63,00 on February 13, 2014; (c) KRW 171,00 on April 10, 2014; (d) KRW 151,000 on August 15, 2014; and (e) received KRW 150,000 on September 120, 200 on the AC (road located in Gwangju Northern-gu AB around June 15, 2014; and (d) received cash of KRW 70,000 on the same place around November 30, 2014; and (e) received KRW 725,000 on the AC (hereinafter referred to as “AB”); and (e) received KRW 70,000 on the same place as the Defendant’s appearance.

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