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(영문) 부산지방법원 2016.07.21 2016고정1932
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant made a false statement to the victim C that “The charge will be paid in advance without the problem of opening the cell phone in the four names.”

In fact, however, there was no intention or ability to pay the fee properly even if a mobile phone is opened in the victim's name due to the lack of money to be used as a living cost due to the fact that there was no money to be paid by traffic accident agreement and there was no money to be paid by the traffic accident agreement.

As such, the Defendant: (a) by deceiving the victim; (b) obtained 6 Soviet flus (D) from the victim in the name of the victim; and (c) did not pay the sum of 6,296,140 won, such as mobile phone charges of KRW 4,774,840; and (d) machinery charges of KRW 1,521,30; and (b) did not pay the same amount of monetary benefits.

Summary of Evidence

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

1. Statement made by the police against C;

1. Application of a detailed statement of telephone charges to statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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