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(영문) 수원지방법원 2018.03.22 2017고정3422
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On December 29, 2014, the Defendant falsely stated that “A victim D, who opened a mobile phone through the opening of the mobile phone and paid a fee for the use of the mobile phone, and also transferred the mobile phone name three to four months after the opening of the mobile phone.”

However, the defendant did not have any intention or ability to pay user fees or transfer the name even if the victim has opened his/her mobile phone.

Nevertheless, the Defendant, by deceiving the victim, had the victim take part in the LG agency near the B Station, and had the victim take part in the AG agency near the B Station, and received and used each of the AKAphone in the name of the victim.

2. The Defendant, as stated in paragraph 1, did not pay the opened mobile phone charges, thereby inducing the victim to be urged from the victim, and the victim deceptioned that “Additional mobile phone charges should be paid by including additional one cell phone charges in arrears on a more opening basis.”

However, the defendant did not have an intention or ability to pay user fees even if the victim has opened his/her mobile phone additionally.

Nevertheless, on July 23, 2015, the Defendant, by deceiving the victim, had the victim take part in G925 under the name of the victim, and received and used it.

As a result, the Defendant acquired financial benefits equivalent to KRW 4,586,97 in total from three mobile phones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Complaint;

1. Application of the Acts and subordinate statutes governing the notice of receipt of KR, application for KR subscription, application for KRU subscription, details of payment of charges, details of passbook transaction, application of the Act and subordinate statutes governing the confirmation of claim for

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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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