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(영문) 대전지방법원 천안지원 2015.10.23 2015고정462
사기
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 20, 2014, the Defendant made a false statement to the victim C by the telecommunication company located in the name of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, that “The parent is unable to open his/her cell phone in his/her name because he/she did not change his/her cell phone and did not pay his/her own mobile phone.”

However, the defendant did not have the intention or ability to pay the communication fee even if he received the cell phone from the victim.

The Defendant acquired financial benefits equivalent to KRW 2,050,630 of the telecommunications fee for five months because he/she did not pay the charge after using the cell phone in the name of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant and his defense counsel asserted that they had the intent and ability to pay mobile phone usage fees.

① However, the Defendant had the obligation to pay the unpaid mobile phone charges prior to the instant crime, and did not have any stable income during the period of the instant crime. ② Nevertheless, the Defendant used the mobile phone to impose the Defendant a fee of KRW 20 to 500,000 per month, which accounts for a considerable proportion of the content usage charges that the Defendant paid while in the game. ③ The victim continuously urged the Defendant to pay the fees for the use of the mobile phone, but did not comply with the demand, and the Defendant told the Defendant that he would not pay the fees for the use of the mobile phone after the receipt of the sexual intercourse with the victim on November 2014. ④ In full view of the fact that the Defendant filed a complaint against the Defendant and did not fully pay the fees for the use of the mobile phone until the victim received the summary order, the Defendant has the intention to do so with the intention or ability to pay the fees for the use of the mobile phone.

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