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(영문) 의정부지방법원 2019.01.28 2018고정786
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 2015, the Defendant made a false statement to the effect that “A mobile phone agency located in the second floor of Seoul Gangnam-gu Seoul Metropolitan Government may not yet join the mobile phone in the name of the minor, but the victim D may not yet have a mobile phone in the name of the minor.” The Defendant made a false statement to the effect that “A mobile phone commission will be paid and used within the front line by opening a mobile phone in the name of the party.”

However, in fact, the defendant only intended to use the cell phone which was admitted to the victim's name without permission, and did not have the intent or ability to pay the user fee to the victim.

Nevertheless, the Defendant, as such, got the victim to open a cell phone (e.g., type E and type 6) in the victim’s name at the same time and place, and, even if he/she used a cell phone subscribed to the victim’s name from September 24, 2015 to September 27, 2016, he/she took property benefits by not paying KRW 4,326,560, which was claimed.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement of D police statement;

1. Investigation report (Investigation of the F Telephone for Witnesses), investigation report (the details of small-amount settlement of mobile phones) - the details of small-amount settlement of mobile phones;

1. Application of Acts and subordinate statutes on payment of charges;

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

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

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

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