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(영문) 수원지방법원 2016.09.02 2016고단4016
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around May 2013, the Defendant: (a) prepared a new contract for mobile phone service in the name of W, using W’s personal information acquired through U, at a member C and D’s mobile phone sales store operated by the Defendant in Ansan-si; and (b) transmitted this to employees in the name of the victim Ecomcom Co., Ltd.; and (c) applied for the opening of a mobile phone in the name of W.

However, in fact, the defendant opened a mobile phone in W's name, and only thought that he would sell the mobile phone to the seller, and did not have an intention or ability to pay the mobile phone price.

As such, the Defendant, by deceiving the employees of the victim Ecom Telecom Co., Ltd., obtained one cell phone number X equivalent to KRW 720,100 from the victim Ecomcom Co., Ltd., and acquired it by deception.

In addition, from around September 2, 2013 to around September 2, 2013, the Defendant enticed victims who are communications companies by the aforementioned means 30 times in total, as shown in the attached list of crimes, and obtained 30 cell phoness equivalent to the total sum of 19,567,300 won from victims and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer on the Y, Z, and AA;

1. Statement made by the police officer in U (including the part of the statement made by the police officer in the AB and AA);

1. Application of the respective Acts and subordinate statutes to a complaint and a new contract, and a new contract;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. In cases where a person intentionally commits a deceitful act in the mitigated area (special mitigation) of types 1 (less than KRW 100 million) in the sentencing guidelines, the range of recommendations on the sentencing guidelines [type] shall be limited to 1 month to 1 year; and

2. The defendant who has made a decision of sentence open a mobile phone in his/her name;

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