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(영문) 의정부지방법원 고양지원 2014.09.26 2014고단1484
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 3, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, which became final and conclusive on April 16, 2012, and completed the execution of the sentence at the Busan Detention Center on June 9, 2012.

【Criminal Facts】

The Defendant reported that “in the Internet membership, a certain agreed amount shall be given as a private goods” with B, and the Defendant subscribed to the Internet under the name of another person and conspired to collect the agreed amount as a private goods without paying Internet user fees, etc.

1. Around July 1, 2013, the Defendant, on July 1, 2013, made a report on the Internet subscription advertisements of E operated by the victim D in the PCs located in Pakistan, and made a declaration of intent to install KT Internet, telephone, and TV combined goods on the fiveth floor of G when the Defendant’s residence is located, using the name and resident registration number of “F”.

Accordingly, as the E's non-name-based employee called the telephone and confirmed whether the subscriber is F, the defendant instead received the phone and stated the F's name and resident registration number, etc., and subscribed to the above goods.

However, the defendant did not have any intention or ability to pay the communication fee even if he has subscribed for and opened through the Internet.

Nevertheless, on July 5, 2013, the Defendant, by deceiving the victim as above, received 330,000 won from the victim to the post office account in the name of B in the name of the victim who believed it, and acquired it by fraud.

Accordingly, in collusion with B, the Defendant used the victim F's resident registration number illegally and acquired 330,000 won from the victim.

2. On August 14, 2013, the Defendant expressed his/her intent to make an offer to install the KT Internet, telephone, and television combined goods on the fiveth floor of Pakistan, when he/she is the Defendant’s residence, using the name and resident registration number of the “H”, by phoneing the Internet subscription advertisements of the victim at a non-permanent place.

In this regard, E's name is defective.

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