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(영문) 대전지방법원 2019.07.10 2018고정467
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

This part of the facts charged was prosecuted as if they were admitted to the prosecution without obtaining the consent of B, but there is no sufficient evidence to acknowledge it as follows, and accordingly, the facts charged were revised to the extent that it does not interfere with the guarantee of the defendant's right to defense, on the premise that there

1. Around November 9, 2016, the Defendant committed a crime involving opening of a mobile phone in the name of fact B, even though he/she did not have the intent or ability to normally pay the mobile phone price and usage fee, the Defendant prepared an application for subscription as if he/she opened the mobile phone from the DNA agency located in Seo-gu Daejeon, Daejeon and sent the mobile phone to the person in charge of opening the mobile phone of the victim E company, and did not pay a total of KRW 1,283,700, and did not pay a total of the mobile phone price and usage fee.

2. On December 29, 2016, the Defendant: (a) committed a crime involving opening of a mobile phone under the name of the Defendant, even though having opened the mobile phone under the name of the Defendant, did not intend or have an ability to normally pay the mobile phone price and usage fee; (b) on December 29, 2016, the Defendant prepared an application for joining as if he/she opened the mobile phone and paid the mobile phone price and usage fee to the person in charge of opening the mobile phone of the victim E company; and (c) opened the mobile phone and transmitted the mobile phone to the person in charge of opening the mobile phone of the victim E company; and (d) failed to pay a total of KRW 1,152,800 for the device price

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. A protocol concerning the examination of the accused by the prosecution (excluding the part concerning the public question in B, and any part which is not trustable below);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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