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(영문) 대전지방법원 홍성지원 2017.10.18 2017고단450
사기등
Text

In the case of crimes Nos. 1 through 4 of the judgment of the defendant, a fine of six months shall be imposed on the defendant, and a fine of five million won shall be imposed on the crimes No. 5 of the judgment.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc. at the Jeonju District Court, and on August 26, 2015, the judgment became final and conclusive on August 26, 2015. On July 4, 2016, the period of suspension of execution was sentenced to 6 months of imprisonment with prison labor for fraud and 2 years of suspended execution, and the judgment was finalized on October 22, 2016.

1. On December 18, 2014, the Defendant made a false statement to the victim C in the vicinity of the Jeonju University Lifelong Education Center located in the Jeonju-si, Jeonju-si, Seoul Special Self-Governing Province, stating that “The telecommunications commission and the installment of the device will be paid within the inner limits of KRW 200,000 per week by opening a mobile phone in the four names.”

However, since the defendant did not have any particular property or occupation at the time, even if he received a cell phone from the injured party, he did not have the intention or ability to pay the use fee and the installment of the cell phone, and rather, he thought that he sold the opened cell phone using a medium phone and used the proceeds for personal use.

On December 19, 2014, the following day, the Defendant: (a) by deceiving the victim as above; (b) opened two cell phones, such as D and E, in the name of the victim; and (c) opened two cell phoness, such as F and G, in the name of the victim on December 19, 2014; (b) however, (c) obtained property profits of KRW 6,292,820,00 by failing to pay the user fee and the mobile phone payment.

2. On May 9, 2015, the Defendant, at an I agency located in Y in Y in Y in Y in Y in Y in YYYY, said I will pay the victim J for the opening of his/her cell phone and paying the cost of using his/her cell phone in Myeon, and will terminate the mobile phone normally after three months.

As a result, the mobile phone was opened and changed, and the false statement was made.

However, since the defendant did not have any particular property or occupation, even if he received a mobile phone from the injured party, he did not have the intention or ability to pay the user fee, and rather, he did not have any opened mobile phone.

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