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(영문) 수원지방법원 2014.08.13 2012고단2911
사기등
Text

Defendant

A shall be punished by imprisonment for three years.

The number of subparagraphs 1 through 9, each of which was seized by Suwon District Prosecutors' Office 2013Mo3199.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court on April 28, 201, and the said judgment became final and conclusive on April 28, 201, and on April 23, 201, at the Sejong Prison, the enforcement of the said sentence was terminated.

The defendant of "2012 Highest 2911" knew that C's friendship victim D (here, 20 years of age) was more intelligent than normal and opened his/her mobile phone under the name of the victim, and he/she has no intention or ability to complete payment even if he/she sold his/her mobile device and gains profits, and received and used the loan under the name of the victim.

1. On December 201, 201, the Defendant of the mobile phone fraud made a false statement to the victim D through the above C, stating, “There is a method of punishment of KRW 200,000 in the month in which he/she was working on a mobile phone. If he/she borrowed his/her name, he/she will be responsible for charges and money for equipment by opening two cell phoness.”

As such, around December 14, 201, the Defendant: (a) by deceiving the victim; (b) obtained a resident registration certificate from the victim; and (c) sold to another person a mobile phone ( smartphone) in the name of the victim via a cell phone with E and F number 2; and (d) did not pay 680,000 won of the use fee of the said mobile phone.

Accordingly, the Defendant acquired the benefit of 2,540,000 won of mobile phone devices and user fees from the victim.

2. Around January 3, 2012, the Defendant, through the foregoing C, made a false statement to the victim D that “I would pay the principal, interest, etc. on a timely basis upon receipt of a loan” to the victim D.

As such, on January 3, 2012, the Defendant, by deceiving the victim and deceiving the victim, extended five million won from the Bank of America to the Bank of Korea on January 16, 2012; three million won from the loan from the Bank of Korea on January 16, 2012; four million won from the loan from the Bank of On-site Savings; and two million won from the loan from January 30, 2012.

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