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(영문) 대구지방법원 경주지원 2013.10.16 2013고단473
사기등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. [Attachment 2013 Highest 473] The Defendant operated a mobile phone sales store in the name of “D” at racing-si. A.

(1) On August 22, 2011, the Defendant against the victim E stated, “The Defendant would refund KRW 951,500 to the victim E who wishes to change the device from the above store to a smartphone” by the end of the following month.

However, in fact, the Defendant did not have any intention or ability to refund the above payment to the victim because it was written in writing to do so, referring to another obligation.

After all, the Defendant, as seen above, was informed of the victim and received 951,500 won from the victim’s seat as the price for mobile phone devices.

around 13:00 on August 24, 201, the Defendant said that “The Defendant would subscribe to a fake phone (the mobile phone without any burden, such as a separate device cost, etc.)” to the victim F.

However, in fact, the defendant did not have the intent or ability to make the victim not bear the costs of the equipment for the purpose of opening the opening.

Ultimately, the Defendant: (a) by deceiving the victim and having the victim open the cell phone number of “G” and pay KRW 470,000,000 to the victim; and (b) by allowing the SK Telecom Co., Ltd. to obtain pecuniary benefits in the amount equivalent to the price of the said device.

On October 25, 201, the criminal defendant against the victim H was to use the victim H as the "I" number received from the company and to purchase a cell phone in the above store.

However, the defendant did not have the intention or ability to rescue the above mobile phone to the victim.

In the end, the Defendant, as above, was accused of the victim, and received 150,000 won from the victim for the same day and for the mobile phone price.

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