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(영문) 대전지방법원 서산지원 2019.02.14 2018고단1012
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 2015, the Defendant: (a) was working as an employee of the mobile phone agency called “C” in Dongjak-gu Seoul Metropolitan Government around 2018; (b) had opened a mobile phone in the name of the main agent; and (c) had used a mobile phone fee; or (d) had a cell phone identification card, etc. kept in the cell phone store; and (c) had the cell phone opened the cell phone in the name of customers.

1. Around January 2015, the Defendant concluded that “A” agent of the foregoing “C,” “A, the Defendant, by combining 100 to 100 100-100 of the Handphones in which the Handphones are in domestic transaction, is insufficient to export them to a foreign country. In four names, the Defendant concluded that “A mobile phone fee will be paid and terminated at all by paying the mobile phone fee after opening the Handphone in the main place and maintaining it for a period of six months.”

However, the facts are that the defendant opened a mobile phone, sold it to a medium-phone distributor and consumed the price by personal living expenses, etc., and even if he opens a mobile phone in the name of the victim, he did not have any intention or ability to terminate it after paying all the Handphone fees.

Nevertheless, the defendant deceiving the victim as above and opened three mobile phones 6S mobile phones in the name of the victim, and let the victim pay a sum of 3,392,400 won as the price for the use of the mobile phone, thereby acquiring financial benefits equivalent to the same amount, and from around that time until February 13, 2017, the list of crimes committed in annexed Form from that time to February 13, 2017

1.As described in the statement, the victim D, E, and F acquired the pecuniary advantage equivalent to KRW 8,494,590 in total under the pretext of the mobile phone price, the user price, and the borrowed money, etc. four times.

2. The Defendant who forged a private document or display a private document on January 15, 2016, using the pen in the form of G mobile phone entrance application (H) located in the “C” store as indicated in paragraph (1) and “I” in the customer’s name.

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