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(영문) 전주지방법원 군산지원 2017.08.09 2017고단406
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2014, the Defendant made a false statement to the victim B at the store in the direct jurisdiction of LG Plus Si, Gun, U.S., which is located at the center of Si, Gun, U.S.., “In the case of lending the name to purchase the mobile phone in order to purchase the mobile phone for the need of the mobile phone, the Defendant made a false statement to the victim B.

However, at the time, the Defendant was a bad credit holder, and there was no special property except for those who received approximately KRW 1,200,000 per month as basic living expenses and housing expenses, and even if the mobile phone used before is canceled ex officio due to the unpaid fees, there was no intention or ability to pay the mobile phone price and the user fee even if the mobile phone used before is opened through the lending of the victim's name.

Around July 2014, the Defendant: (a) by deceiving the victim and using one mobile phone in the name of the victim from the victim; and (b) did not pay the total amount of KRW 1,524,360 from the time to time before the ex officio termination of January 2016; and (c) acquired financial benefits equivalent to the same amount of money by failing to pay KRW 1,524,360.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of data, such as details of a claim for the victim B mobile phone, etc.), investigation report (Submission of data on receipts at the end of the end of the end of the victim B), investigation report (Attachment of details of payment of

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] The reduction area (one month to one year) of Class 1 (the amount below 100 million won) [the special mitigated person] of the mitigated act, or the case where the degree of deception is weak (the decision of the sentence], and the defendant is against his fault.

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