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(영문) 서울동부지방법원 2017.12.22 2017고정689
사기
Text

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

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

Reasons

Punishment of the crime

Even if the defendant opens a mobile phone in the name of the victim B and uses it, he did not have any intention or ability to pay the installment cost and the user fee properly.

Nevertheless, the Defendant would pay the victim in the DPC room in Songpa-gu Seoul, Songpa-gu, Seoul, in good faith in order to prevent the occurrence of any problem caused by the collapse of one mobile phone in the four names.

Around October 1, 2015, “Around 2015, he/she made the victim open a mobile phone of an amount equivalent to KRW 768,400 at the market price of E ELS flus agencyF (S6, a fixed monthly amount of KRW 9,910, and a fixed monthly installment of KRW 24 months) under the victim’s name, and obtained financial benefits equivalent to the same amount by acquiring the victim, by failing to pay KRW 2,397,840, the sum of the unit money and the use fee to be installed and to be installed, even if he/she received the false statement.

In addition, in the above CPC room on October 2015, the Defendant: “The Defendant first sees the cell phone that he opened and opened, and paid charges to the victim in order to prevent any problem from occurring if he or she opened an overseas business trip with his father.

Around October 21, 2015, “Around October 21, 2015, the victim made the victim open a cell phone of an amount equivalent to KRW 79,700 at the market price of KRW 79,700 (the condition attached to J, J, Jelan v. v. v. 510, May 5,000 each for 36 months) in the victim’s name, and then the victim did not pay a total of KRW 1,980,000 for the unit money and the use fee to be installed.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a petition;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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