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(영문) 대구지방법원 2017.12.14 2017고단3951
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2017, the Defendant was introduced the Victim C through B, a police officer at the early stage, on January 2017.

On January 11, 2017, the Defendant made a false statement to the E agency located in Daegu Dong-gu, Daegu-gu, stating that “The Defendant would open the cell phone in the name of the victim at a rate different from that of the mobile phone in which the cell phone is opened in the face of the week.”

However, even though the defendant had four mobile phones opened in his own name at the time, there was a debt equivalent to about 4 million won due to the overdue payment, and there was no particular revenue, so even if he used a mobile phone opened from the injured party, there was no intention or ability to pay the charge.

The defendant deceiving the victim as above and let the victim open 7 fluss in his position, and flussium from the victim, and did not pay a total of 2,647,940 won, including 1,152,80 won for the terminal fee, from that time to time, and the amount equivalent to 2,647,940 won, including 1,152,80 won for the terminal fee

2. By up to 28. 20. A total of five mobile phones from the injured party, such as the list of crimes in the annexed sheet, obtained pecuniary benefits equivalent to the same amount by not paying 1,245,380 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement of the police suspect interrogation protocol against the defendant

1. Statement of partial police statement against C;

1. Application of Acts and subordinate statutes to each telephone call, such as an application for entry, details of claims by account, detailed statement of each claim fee, service contract, etc., each letter, and a copy of the statement of claim fee, each of which shall be applicable;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) causes the victim to commit the crime in the mitigated area (one month to one year) (a person with special mitigation).

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