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(영문) 부산지방법원 2018.06.26 2017고정1421
준사기방조
Text

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

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

Reasons

Punishment of the crime

C On January 23, 2016, around 10:30, in the Busan East-gu, the Busan 206 square as the center of the Busan dong-gu, and approach the victim D with intellectual disability 3, to "to open the cell phone by opening the cell phone, and KRW 20,000,000,000,000,000 won.

A false statement was made on the grounds that the opened mobile phone fee was “to pay instead of a mobile phone fee.”

However, in fact C did not have the intention or ability to pay the mobile phone price and the user fee on behalf of the victim.

Nevertheless, C, by deceiving the victim as such, took the victim into the "F" located in Busan Jin-gu, Busan, and let the victim prepare an application for mobile phone admission and open the 6S 1 mobile phone in the name of the victim.

As a result, C acquired financial benefits equivalent to KRW 1,827,070 in total, including KRW 631,750 in a mobile phone and KRW 1,195,320 in a mobile phone, using the mental and physical disorder of the victim. On the front side of the aforementioned “F” around January 23, 2016, even though C knew of the fact that C had induced the victim and opened a mobile phone anew, C had contact with C to request the disposal of the mobile phone, and had C easily use the mobile phone in the victim’s name and facilitate the crime, such as opening a mobile phone, which was opened in the victim’s name.

Summary of Evidence

1. Protocols of examination of the witness to D of this court;

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

1. Application of the Acts and subordinate statutes to the mobile phone subscription application;

1. Relevant Article 348 (1) and Article 32 (1) of the Criminal Act concerning the facts constituting an offense and Articles 348 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same Act

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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