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(영문) 대구지방법원 2017.02.02 2016고단2148
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from around October 2014 to around October 2015, 2016, expressed his/her intent to open his/her mobile phone without the consent of each of the following victims in order to improve the performance of opening of his/her mobile phone and to pay his/her debts, such as the payment of mobile phone charges to the victims of illegal use in the existing name:

1. On January 27, 2015, the Defendant: (a) in the “D agency” around January 27, 2015, the victim E would offer KRW 200,000 per cash to the victim E “if a mobile phone is opened, 20,000 won per unit; and (b) if three months have elapsed after the opening of the cell phone, the Defendant will also terminate the cell phone opened and handle the fee.

“A false representation was made.”

However, in fact, the defendant opened the cell phone in the name of the victim and charged the victim with the cell phone charges, etc., and sold the cell phone received from the communication company at will to the victim, and there was no intention or ability to reduce cash without the communication charge to the victim.

The Defendant: (a) by deceiving the victim as above; (b) opened the cell phone using the F phone line with the permission of the victim to open the cell phone; (c) received the above mobile phone terminal from the victim; (d) arbitrarily disposed of it; and (e) obtained the victim’s pecuniary benefits equivalent to the market price by bearing the mobile phone charges.

2. Around September 8, 2015, the Defendant received 840,000 won from the national bank account under the name of the Defendant upon the request of the victim G to temporarily pay the mobile phone price from the victim who opened the mobile phone through opening the mobile phone from the victim G.

While the Defendant kept the above money for the victim, he embezzled the victim’s property by using the money for store business funds at his own discretion from the said “D agency” around that time.

3. The Defendant shall be the Defendant on October 12, 2015, such as the electronic records, etc., and the electronic records of the above writers.

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