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(영문) 대구지방법원 2016.06.17 2016고정591
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant used a mobile phone opening in the name of a mobile phone and paid the fee to the victim C in the B agency located in the Daegu Nowon-gu Nowon-gu sales market.

“......”

However, at that time, the defendant was employed for the monthly income and living expenses, and even if a mobile phone was opened in the victim's name, there was no intention or ability to pay a charge of KRW 00,000 per month.

The Defendant used the cell phone that was opened from the victim's name to the victim's name, but did not pay the sum of 2,924,730 won from August 2015 to October 2015, which caused the victim to pay on behalf of the victim the amount.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to KRW 2,924,730.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A detailed statement of each claim fee and a written confirmation of obligation;

1. Application of Acts and subordinate statutes to a report on investigation (revision of an amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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