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(영문) 수원지방법원 2016.09.28 2016고정1915
사기
Text

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

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

Reasons

Punishment of the crime

On August 16, 2014, the Defendant made a false statement to the effect that “The Victim C’s House located in Suwon-si, Suwon-si, may move to the victim’s name within three months, and only one cell phone shall open to the victim.”

However, even if the defendant opens a mobile phone in the name of the victim, he/she has no intention or ability to change the name of the mobile phone to the defendant after three months.

Nevertheless, the defendant deceiving the victim as above and let the victim purchase one mobile phone in the SK Telecom agency located in the same day and open it, and then delivered the above mobile phone from the victim. However, the defendant did not change the above mobile phone name to the defendant even after the lapse of the third month from November 2014, and did not pay the fee until February 2015, the defendant got the victim to impose 2.430,000 won of the mobile phone by using the above mobile phone and did not pay the fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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