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(영문) 서울중앙지방법원 2019.08.23 2019고단2315
사기
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On November 26, 2018, the Defendant: “C” located in Jongno-gu Seoul Metropolitan Government on November 26, 2018; “C” provides a gallon three mobile phones used for business purposes to the victim D (the 20-year-old) who is an employee; and “I wish to use the gallon three mobile phones at gallonythy.” The Defendant prepares a written application for membership with telecommunications expenses or terminal expenses to be borne by the Company; “I” in the application for membership means that I will first enter the dallon’s account in the name of the Company and later change it into the account under the name of the Company.”

However, in fact, the Defendant had the victim prepare an application for the entry of a mobile phone (name A2101-256GB) equivalent to KRW 1,705,000, and sent an application for the entry of a victim to E agencyF who is aware of the application, and then had the victim paid the amount of KRW 1,705,000 to the victim without paying the amount of KRW 1,705,000, even if he was issued a mobile phone opened in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Telephone conversations with a victim;

1. Investigation report ( telephone conversations with customers of a suspect);

1. Application form for membership, G dialogueed details, details of transactions, and application of statutes on business registration;

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

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

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant admits his mistake.

Damage was not recovered to the victim at a disadvantage.

In 2018, the defendant has been punished twice by a fine for fraud.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

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