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(영문) 부산지방법원 2012.11.29 2012고정2636
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

B, around August 2, 2004, the Defendant released from Korea on or around August 2, 2004, did not have economic ability, but was able to borrow a long-term loan due to a long-term confinement life, and used the name of the Defendant to use the name of the Defendant and to receive money in return for lending the name of the Defendant.

1.(a)

Around August 17, 2004, the Defendant, along with B and C, made a false statement to the staff in charge, as if the Defendant would normally pay the mobile phone price and the user fee when the Defendant purchased the mobile phone in installments from the mobile phone agent “E” located in Seocheon-gu, Seocheon-gu, Seocheon-gu.

However, the defendant did not have any intention or ability to settle the price even if he purchased a mobile phone with no means of self-sufficiency.

The Defendant, in collusion with B and C, by deceiving a staff member in charge of victim E, whose personal information is unknown as above, and received one mobile phone (F) from the victim, and did not pay 263,000 won, thereby obtaining property benefits equivalent to the same amount.

B. Around August 18, 2004, the Defendant, along with B and C, made a false statement to the staff in charge, as if the Defendant would normally pay the mobile phone price and the use fee when the Defendant purchased the mobile phone in installments at his/her mobile phone agent located in Gangnam-gu Seoul Metropolitan Government G.

However, the defendant did not have any intention or ability to settle the price even if he purchased a mobile phone with no means of self-sufficiency.

In collusion with B and C, the Defendant: (a) by deceiving a victim H staff member with whom the aforementioned personal information is unknown; and (b) received one mobile phone (I) from the victim; and (c) did not pay KRW 778,200 to the victim; and (d) acquired financial benefits equivalent to the same amount.

2. The Defendant is together with B and C.

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