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(영문) 수원지방법원 평택지원 2016.11.24 2016고단956
사기
Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged: (a) in collusion with C, the Defendant made his/her relatives open a mobile phone with the phrase “to pay a certain amount on the face of a week by opening a mobile phone; and (b) there is no damage since the mobile phone price and charge are paid in full; and (c) sold the mobile phone to the mobile phone dealer, and had him/her acquire profits by selling it to the mobile phone dealer.

Around March 19, 2015, the Defendant and C sent a 300,000 won per week to the victim D by opening a 'portable phone' at the Gyeonggi Escopic Scopic Scopic C, and made a false statement.

However, the defendant and C did not have the intention or ability to pay the device installments, etc. which was opened in the name of the victim because the defendant and C thought that the victim would dispose of the mobile phone to the mobile phone purchaser and acquire the profit equivalent to the device.

The Defendant and C received 62 virtual phones (E and F) equivalent to the market price of KRW 1,056,000, which was opened in the name of the victim from the above victim and received 10 mobile phones totaling KRW 9,834,00 from the above four victims from around that time to May 8, 2015, such as the list of crimes in the attached Form.

Accordingly, the defendant conspireds with C to induce victims to take property by deceiving them.

2. According to the evidence submitted by the prosecutor, the fact that the defendant introduced victims to C and received the referral fee is recognized.

However, according to the witness G, H’s legal statement, and C’s legal statement and record, the Defendant, like the victims, believed C’s remarks and opened one cell phone, became aware of the fact that the mobile phone fee was late, and he received from the victims who introduced it, and thereafter, the Defendant up to C’s claim along with the victims.

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