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(영문) 대구지방법원 서부지원 2015.06.26 2014고단694
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 2, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Daegu District Court, and was released on December 24, 2009 from the Daegu Detention House on parole on December 30, 201 and the parole period expired on January 30, 201.

Around August 7, 2011, the Defendant, at the Defendant’s residence located in Daegu-gun District, stated that “A opened a mobile phone in his/her name and sold it as a mobile phone and divided use the price.” The Defendant obtained consent from the said C.

The defendant, in collusion with the above C, by deceiving the owner of the mobile phone sales store, opened the mobile phone in the name of the above C, and thought to sell it as a mobile phone, but the defendant and the above C did not have any intention or ability to pay the mobile phone price opened in the name of the above C.

On August 8, 2011, at the same time with the above C, the Defendant: (a) deceiving the victim’s nameless box, who is the main owner of the mobile phone located in Daegu-gun, into two mobile phones (D and E) in the name of the said C; (b) deceiving the victim’s nameless box, who is the main owner of the mobile phone located in Daegu-gun, on or around August 9, 2011; (c) opened two mobile phones (F and G) in the name of the said C in the name of the said C; and (d) by deceiving the victim’s nameless box, who is the main owner of the mobile phone located in the name of the said C, from the mobile phone sales store located in the name of the Y-gun, Daegu-gun, Daegu-gun, the Defendant did not pay KRW 3,521,525,522 in total after opening one mobile phone in the name of the said C, such as deceiving the victim’s nameless box, who is the main owner of the mobile phone.

Accordingly, the defendant conspiredd with the above C to obtain financial benefits from the victims.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement C in the police interrogation protocol of the accused;

1. Statement of the police officer to I;

1. A mobile phone entrance, etc.;

1. Previous convictions in judgment: Statement of results of criminal history records (defendant A) and investigation reports (Attachment to the status of custody and confinement by individual person).

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