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(영문) 대구지방법원 상주지원 2017.06.13 2016고단605
사기
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal record] On November 8, 201, Defendant A was sentenced to ten months of imprisonment due to fraud, etc. in the resident settlement support at the Daegu District Court, and the judgment became final and conclusive on February 8, 2012, and completed the enforcement of the sentence in the Daegu Detention House on May 4, 2012.

[Criminal facts]

1. On September 29, 2010, the Defendants, on the front side of the KTT telephone station located in the air conditioners at the time of stay in the air conditioners around September 29, 2010, provide the victim D ( current E) with a loan of KRW 3 million per week by opening a mobile phone, and the mobile phone is not used for other purposes, so no charge may accrue.

“.....”

However, in fact, the Defendants did not have any intention or ability to prevent the use of a mobile phone because they planned to distribute the victim's name to a mobile phone called mobile phone.

From October 22, 2010 to October 22, 2010, the Defendants received three mobile phones (F, G, H), and one Internet phone (I) from the victim by having the victim open the phone in the name of the victim, and had the victim distribute 5,466,406 won in the form of a mobile phone to the victim, thereby having the victim gain economic benefits and having the victim gain economic damage equivalent to the same amount.

2. On October 8, 2010, the Defendants would give a loan to the victim J immediately on the front side of a bus terminal located in the Soyang-dong and permanently located on October 8, 2010.

The mobile phone fee will be paid instead of the mobile phone fee.

“.....”

However, in fact, the Defendants did not have any intention or ability to pay the mobile phone fee instead of the mobile phone fee because they thought that they would distribute the mobile phone by receiving the mobile phone from the victim.

The Defendants received three mobile phones (K, L, and M) from the injured party and distributed them to the needy party with a mobile phone, and generated a total of KRW 4,188,500 using the mobile phone, thereby causing the same amount of monetary benefits.

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