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(영문) 광주지방법원 2014.04.09 2013고정2453
사기
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

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

Reasons

Punishment of the crime

1. The Defendant from June 1, 201 to June 1, 2011

6. From the 30th day to the 30th day, the victim C (34 years old) who is a mental body in the vicinity of the Jeonsung-gun apartment, saying, “If the value of the parts is leased, one would make half of the profits if he lends the value of the parts.”

However, the defendant did not receive a contract for urban gas enjoying construction.

As above, the Defendant, by deceiving the victim, received KRW 90,00 from the victim three times in cash during the above period, and acquired it by deception.

2. The Defendant, at the date, time, and place indicated in the foregoing paragraph 1, stated that “The Defendant may terminate the agreement which covers the victim’s four cellphones, and if three months elapsed, by a person who knows the agreement which is attributable to the Handphones. However, the Defendant said that the Handphones can be punished by approximately KRW 700,000,000 if sold to another person, and that the remainder KRW 200,000 is written.”

However, the defendant did not know a person who can terminate the mobile phone subscription agreement, and there was no intention or ability to terminate the mobile phone subscription agreement after three months from the opening of the mobile phone.

As above, on June 16, 201, the Defendant deceivingd the victim, and then the victim in his jurisdiction acquired two cell phoness from the KRF agency located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, about June 18, 201. On June 18, 201, the Defendant acquired five cell phoness in total amounting to KRW 3.640,000 from the victim and acquired five cell phoness of total market value from the TPPF agency located in the Youngcheon-gu, Seo-gu, Sungsung-gun, Sung-gun, Seo-gu, Seoul.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the Acts and subordinate statutes entered in the police statement of C;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act among concurrent crimes.

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