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(영문) 창원지방법원 2018.04.19 2017고단4331
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Changwon District Court around October 6, 2016 and was sentenced to two years of suspended execution in August 14, 2016, and the above judgment became final and conclusive on October 14, 2016 and is still under suspended execution.

[Criminal facts] 2017 Highest 4331

1. On December 27, 2016, the Defendant stated that “A mobile phone agency located at the window C of Changwon-si around December 27, 2016, the Defendant would pay the victim E well a mobile phone fee if he/she would allow the victim E to open a mobile phone in the name of the victim and use the mobile phone.”

However, the defendant did not have any intention or ability to pay the fee even if he/she uses the mobile phone from the victim.

Nevertheless, the Defendant, as seen above, obtained the victim’s false statement from the victim, and used the mobile phone (F) opened to the victim’s name from the victim, thereby allowing the victim to pay the victim a total of KRW 2,085,140 from January 1, 2017 to June 30, 2017, and acquired the victim’s pecuniary profit equivalent to the same amount.

2. On February 11, 2017, the Defendant, at the Do mobile phone agency located in the window C at Changwon-si around February 11, 2017, made a false statement to the victim in the same manner as that of the preceding paragraph, and used the mobile phone (G) opened in the name of the victim from the victim to the victim, thereby having the victim bear the obligation to pay the mobile phone charges of KRW 366,680, total sum from March 1, 2017 to June 30, 2017, and acquired financial benefits equivalent to the same amount.

"2018 Highest 20 "

1. On October 3, 2017, the Defendant stated that “The victim H will pay the face value of the mobile phone via the name of four, in the cross-deficial PC room located in the Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si.”

However, the defendant was under bad credit standing, and even if he received and used a mobile phone from the injured party because there was no certain income at the time, he/she is willing to pay the fee.

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