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(영문) 서울서부지방법원 2015.04.22 2014고정2173
사기
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. (mariju) and the said judgment became final and conclusive on August 20, 2014.

Around April 12, 2013, the Defendant: (a) made a false statement to the victim that, even if using a Handphone via a Handphone from the victim B, the Defendant did not have an intent or ability to pay the fee; (b) received a Handphone (C) from the victim and used it from the victim to August 2013; and (c) obtained a pecuniary benefit equivalent to the said amount by failing to pay 543,990 won, even if the Defendant received the Handphone (C) opened in the victim’s name.

Summary of Evidence

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Protocol of the police statement concerning B;

1. Telephone number, detailed statement of tax base for charges (29 pages of investigation records), demand for reimbursement of unpaid charges (35 pages of investigation records), notification of communications data (45 pages of investigation records);

1. Previous convictions: Application of statutes, such as criminal records and copies of written judgments;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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