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(영문) 서울남부지방법원 2014.02.06 2013고정3716
사기
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to two years and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on January 24, 2013.

Around 12:00 on June 14, 201, the Defendant, even if purchasing a mobile phone under the name of the victim B, provided that the Defendant would provide a loan to the said B, even if he/she did not intend to pay the device price and the communication fee, and would sell the mobile phone purchased under the name of the victim B as a mobile phone.

As it is necessary for the operation of the office, the name of the opening of the Handphone was borrowed, and C instructed C to open the mobile phone in the name of B.

Accordingly, at around 14:00 on the same day, C had the head of the D office under his name and obtain it from H to the G agency operated by the victim F in Yeongdeungpo-gu Seoul Metropolitan Government, as if he were to pay the mobile phone charges, etc. to the above agency staff H who was unaware of the fact that C had not known of the fact, and it had H purchase the amount equivalent to KRW 1,940,000 of the mobile phone price in the above name and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police officer regarding C (including the substitute part);

1. The police statement concerning B;

1. Application of two copies of Acts and subordinate statutes to apply for taking part in a Handphone;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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