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(영문) 의정부지방법원 고양지원 2014.09.24 2014고단1440
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 5, 2012, the Defendant stated that, at the entrance of the head of Sinsan-gu Dong-dong, the Defendant “at the mobile phone agency to which he works in Korea is attracting customers”, “at the mobile phone agency to which he works in Korea is located, if he/she lends his/her name, he/she would prevent termination after opening his/her mobile phone under the name of four, and would not bear all the mobile phone charges or the user fees.”

However, the defendant did not work in a mobile phone agency at the time, and even if he opens a mobile phone in the name of the victim, he did not have the intention or ability to pay mobile phone charges.

Nevertheless, the Defendant made a false statement to the victim and obtained permission from the victim to open a mobile phone in the name of the victim, and then obtained the victim’s pecuniary benefits from August 13, 2012 to April 14, 2012, by opening three mobile phones in the name of the victim in Goyang-dong-gu D E agency located in Goyang-gu, Ilyang-gu, U.S. from August 13, 2012, and did not pay KRW 3,842,510 in total of charges for mobile phones,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A copy of each new service contract; and

1. Copies of each resident registration certificate;

1. Application of Acts and subordinate statutes on receipt;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, the selection of a fine (the defendant shall be punished by a fine in consideration of the fact that his/her judgment has become final and conclusive after being sentenced to a punishment for a year and six months due to special larceny, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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