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(영문) 의정부지방법원 고양지원 2015.11.19 2015고단902
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2015 Highest 902"

1. On September 3, 2014, the Defendant against the victim C made a false statement to the effect that “A” in the “E” of the operation of the victim C located in Goyangyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, was committed as if he was F, the Defendant would immediately bring the victim with a temporary identification card issued at the Dong office if he opened the cell phone, while he did not have any identification card on the cell phone and the wall.”

However, there was no fact that the defendant was not the F himself nor the defendant was authorized or delegated by F to open the cell phone.

In the end, the Defendant received one unit of smartphone 5 from the victim, which is equivalent to the market value of 899,800 won on the same day, and acquired it by fraud.

2. The Defendant violated the Resident Registration Act: (a) filed an application for the opening of a cell phone with the time and place mentioned in paragraph (1) as if he were F; and (b) entered F’s resident registration number in a new service contract and used F’s resident registration number unlawfully with regard to the confirmation of his identity.

3. Fraud against victim G;

A. On September 5, 2014, the Defendant received KRW 11.50,00 from the victim under the name of the borrower, “I” office for the “I” of the “I” office for the management of the Victim G located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, that “I will provide the victim with three mobilephone terminal devices not opened, with no money deposited, and to recover money from the victim.”

However, the defendant did not have the intention or ability to repay the borrowed money.

In the end, the Defendant received 1.15 million won from the victim on the same day, and acquired it by fraud.

B. Around September 10, 2014, the Defendant made a false statement to the victim of the said I office that “I will sell one smartphone lusium 5 that can be used.”

However, in fact, the above smartphone is opened arbitrarily by stealing the name of F due to the circumstances such as the statement in Paragraph 1, and thus, the name of F or Communications Officer is opened at the side of the nominal owner.

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