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(영문) 서울남부지방법원 2017.11.28 2017고정1803
사기
Text

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

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

Reasons

Punishment of the crime

1. On October 14, 2010, the Defendant would pay the victim D (22 tax) who had been involved in the relationship with the Defendant at the C D, a corporation located in Songpa-gu Seoul, Songpa-gu, Seoul, by filing an application for the use of his/her service, if he/she received Noart North Korea, the Defendant would pay the installment and the use fee.

"At present, the applicant filed an application for the use of the service in the name of the above victim, and did not pay 765,640 won.

However, at the time, the Defendant had no certain income or assets and had no intent and ability to pay the service fees under the name of the victim as above.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim apply for the use of the service in ebb and had the victim do so; and (c) had the victim obtain pecuniary benefits of KRW 765,640,00 in total, including the cost of Nowon-do and the fee for

2. On October 18, 2010, the Defendant would pay the victim the mobile phone price and the fee for the use of the mobile phone at an E agency located in the Gunsan-si.

"At the end, the victim did not pay 2,581,150 won in total, including the cost of the mobile phone and the fee for the use of the mobile phone."

However, at the time, the Defendant had no certain income or assets and had no intent and ability to pay the service fees under the name of the victim as above.

As above, the Defendant: (a) deceiving the victim and let the victim open the cell phone and used the cell phone; (b) did not pay a sum of KRW 2,581,150, including the cost of the cell phone and the fee for the use thereof; and (c) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

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

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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