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(영문) 부산지방법원 동부지원 2019.01.23 2018고단1695
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay B, who is an applicant for compensation, KRW 1,700,000.

3.2

Reasons

Punishment of the crime

1. On January 2018, 2018, the Defendant: (a) posted a notice on “a summary for contact with a person necessary for money”; and (b) posted a single cell phone in the name of four names to the victim D who contacted him/her on January 1, 2018, stating that the Defendant would pay the cell phone fee of KRW 300,000 per month in return for the payment of the chip at home and the use of the core chip.; and (c) the mobile phone fee of KRW 1 million per week is paid to the cell phone.”

However, the defendant, who received a mobile phone from the victim, was thought to use the mobile phone price as a living cost, and even if the mobile phone was used due to no particular income or property at the time, there was no intention or ability to pay the cost or charge.

Nevertheless, on January 9, 2018, the Defendant: (a) by deceiving the victim; (b) received one mobile phone (opon X) opened in the name of the victim from the Busan building E and the F agency in the first floor from the victim; and (c) obtained financial benefits equivalent to the amount of KRW 1 million and KRW 1,034,486 of the mobile phone price.

2. On January 8, 2018, around January 8, 2018, the Defendant read a letter “the victim G will exchange with Aphone 7 Popon 8,00 won and 100,000 won with Aopon h” on the cell phone fopon H, and made the victim contact with the victim, and “the victim will send Aopon 8 if he first deposits the money.”

However, the defendant did not have a 8 mobile phone at the time, so even if he received 70,000 won in cash from the victim, he did not have the intention or ability to deliver the 8 mobile phone to the victim.

Nevertheless, the Defendant deceivings the victim as above, and received on January 8, 2018 from the victim, 10,000 won from the victim, and I.

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