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(영문) 대구지방법원 김천지원 2018.10.24 2018고단513
사기
Text

Defendant

A shall be exempted from punishment for A.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

In respect of B, this decision is delivered.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court Kimcheon on April 10, 2018, and the judgment became final and conclusive on April 18, 2018.

1. On August 29, 2017, Defendant A opened three mobile phones in the name of “E” agency located in J, J, and H mobile phone in the name of “E” agency located in J, J, and Defendant C falsely stated that Defendant A would pay mobile phone charges and cell phone payments if he/she opened a mobile phone to an employee in the name of “E”.

However, the Defendant did not have the intention or ability to pay the fee when he uses the mobile phone in a normal manner, since the Defendant thought to sell the mobile phone immediately after opening the mobile phone.

In this regard, the defendant deceiving the above employees in non-name as above, and he acquired the above employees from the above employees with two gallonal jus in the market price of 1 million won owned by the victim E corporation and one gal jus in the market price of 200,000,000 won.

2. The Defendants committed the joint crime of the Defendants: (a) opened a cell phone in the same manner as prescribed in paragraph (1); (b) opened the cell phone immediately, sold the terminal machine and conspired to have the sales proceeds divided; and (c) on August 30, 2017, at the “K” agency located within the J store located within the J store located in J branch in J branch in J branch in J branch in J branch in the name of J and M mobile phone, the Defendants made a false representation as if they were to pay the mobile phone fee and the cell

However, in fact, the Defendants did not have the intention or ability to pay the fee when they normally use the cell phone since they thought that they immediately sell a short term after opening the cell phone.

However, the Defendants conspired, as above, by deceiving the employees in the name, and by deceiving them, obtained from the above employees the delivery of 70,000 U.S. 1.1 million won of the market price owned by the victim KK Co., Ltd., and acquired them by deception.

3. Defendant B’s Defendant 1 has a new resident registration certificate to the above Party A.

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