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(영문) 서울동부지방법원 2016.07.19 2016고정970
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant stated that “A agency located in Gwangjin-gu Seoul Special Metropolitan City, would faithfully pay the mobile phone payment and fee to the victim D by opening the mobile phone.”

However, even if the cellular phone is opened in the name of the victim, there was no intention or ability to pay it normally.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to join two mobile phone services in his/her workplace; and (c) received two mobile phone terminals in an amount equivalent to KRW 1,199,400 in total from the market price; (d) from around that time to May 2014, the Defendant did not pay a total of KRW 466,990, and did not pay a total of KRW 466,990 while using mobile communications services.

Summary of Evidence

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

1. Statement of the police statement related to G;

1. The application of Acts and subordinate statutes on investigation reports (Submission of details of account transactions with a suspect), investigation reports (to hear statements from the person in charge of the head office of the original tax office related to unpaid taxes of a suspect), investigation reports (calculated amount of damage), accusation reports, and T service contracts;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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