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(영문) 청주지방법원 충주지원 2014.11.26 2014고정168
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 22, 2009, the Defendant made a false statement to the victim D, stating that “The Defendant would settle the telephone price and telephone fee once a month if he/she was absent from the passbook.”

However, the defendant did not have any intent or ability to pay telephone charges, etc. even if he/she uses a mobile phone from the victim.

As above, the Defendant, by deceiving the victim as above, had the victim open a cell phone (E) in the name of the victim, and had the victim use a cell phone from the victim, using the cell phone 1 through 4, paid the victim totaling KRW 332,520 as the price of the device, telephone fee, and penalty for breach of contract for service damage, and acquired property benefits equivalent to the same amount.

2. On February 11, 2009, the Defendant: (a) by deceiving the victim at the above place by the above method; (b) let the victim open the cell phone (F) in the name of the victim; and (c) by using the cell phone from the victim using the cell phone from the victim by using the victim’s cell phone and paying the victim a sum of KRW 130,640,00 in the name of the terminal price, telephone fee, and penalty for service damage as stated in the attached Table No. 5 through 6.

3. On July 15, 2009, the Defendant stated that “A mobile phone which is used in the country is suspended, and there is a need for money to kill it, and thus, the Defendant borrowed KRW 180,000,000,000, and if so, he/she would repay the monthly wage on the 25th day of this month.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the defendant deceivings the victim and let the victim do so, i.e., mobile phone charges of 180 thousand won.

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