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(영문) 광주지방법원 목포지원 2018.05.25 2018고정73
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is a person who operates a "D" mobile phone sales store in Sinpo City C, and the defendant is a person who runs a Dong from B and middle school.

B said, “A person who is able to open a mobile phone to pay a close monthly rent,” and the Defendant conspireds to open a mobile phone with his/her personal identification card and to receive fees based on his/her performance.

On May 22, 2017, the Defendant, at the “F” page located in Sinpo-si E on May 2, 2017, places the victim G with their friendship and mobile phone sales store.

Expenses, such as Dopon fee, etc., for joining 2 Dopons/Dophers within four weeks, shall send identification cards as long as internal responsibilities are met.

In other words, the victim's identity card was received through the defendant. B

However, in fact, B and the defendant thought that they will open a general mobile phone other than from sunrise to receive fees according to their performance, and there was no intention or ability to pay the victim's mobile phone device cost or charge.

B and the Defendant, as such, by deceiving the victim, obtained the victim’s personal identification card from the victim, on May 25, 2017, the victim’s Samsung mobile phone (H) in the name of the victim on May 29, 2017, and on May 29, 2017, the Defendant obtained financial benefits equivalent to the amount of KRW 1,152,790 by failing to pay the victim’s payment of the cost for and the fee for the use of the SK Telecom devices, KRW 898,540, total amount of KRW 2,051,30, and KRW 30 by failing to pay the victim’s financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of the police statement related to G;

1. Details of application for accession, request by account, new contract, certificate of registered matters on service contracts, and receipt;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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