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(영문) 서울중앙지방법원 2017.05.19 2016고단3704
사기
Text

No. 1-B of the judgment of the defendant, No. 1-2 of the judgment, No. 1-2 of the judgment, and No. 2-3 of the judgment.

Reasons

Punishment of the crime

[Criminal Records] On September 22, 2011, the Defendant was sentenced to a suspended sentence of two years in the year and June of imprisonment for fraud, etc. at the Seoul Central District Court, and the above sentence became final and conclusive on the 30th of the same month.

[Criminal facts] The Defendant is the internal director of Dongdaemun-gu Seoul Metropolitan Government Urban Environmental Improvement Project Co., Ltd. D.

1. Fraud to victims E;

A. On September 2010, the Defendant with respect to the unpaid mobile phone charges, at the “G office in Dongdaemun-gu Seoul Metropolitan Government” of the victim’s operation in Dongdaemun-gu, Seoul, would use the mobile phone in the victim’s name and pay the victim the user fee without using the mobile phone at the main page and with the victim’s name.

“Falsely false.”

However, the defendant did not have any specific property or income, and even if he opened and used a mobile phone in the name of the victim, there was no intention or ability to pay the user fee without delay.

The Defendant: (a) made a false statement to the victim; (b) immediately used the mobile phone (H) in the name of the victim from the victim; and (c) did not pay KRW 1,010,070 from April 201 to November 201 of the same year; and (d) acquired pecuniary benefits equivalent to the same amount.

B. On December 15, 2010, the Defendant related to the National Card related to the unpaid credit card payment 1) would be able to use the credit card at a place indicated in the preceding port and pay the card amount to the victim without putting the credit card loan on the face.

“The phrase “ was false.”

However, the defendant did not have any intention or ability to pay the price even if he received a credit card from the injured party due to no particular property or income.

The Defendant, as such, makes a false statement to the victim and immediately received the victim’s national card under the victim’s name from the victim, and used it as a means of settlement of KRW 118,00 from the same day to the near future of the same day, and from January 8, 2011, up to 27 times in total, such as the previous list of crimes (1).

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