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(영문) 대구지방법원 2015.11.27 2015고정1991
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 22, 2013, the Defendant was sentenced to a two-year suspension of the execution of imprisonment for a crime of fraud in the Western District Court Branch Branch of the Daegu District Court for six months on March 22, 2014, and the judgment became final and conclusive on March 22, 2014. On April 10, 2015, the Incheon District Court sentenced six months to imprisonment for a crime of fraud at the Incheon District Court for six months on April 14, 2015.

On May 2012, the Defendant rendered a false statement to the victim C, operated by the victim C in Daegu Northern-gu, 2012, that “The Defendant would open the Handphone to be used by the Defendant, pay all the fare and the mechanical value for three months on the face of the week, and transfer the Handphone to another person in his name after three months.”

However, the defendant is a bad credit holder, and there was little amount of income due to the low capital and collection rate of the bonds at the time, and there was little property such as real estate, deposit, etc., while the victim was liable for the debts of several million won, and even if the victim opened the Handphone in his name, he did not have an intention or ability to pay the charges and the mechanical value properly or to transfer the name to another person after three months.

The Defendant, by deceiving the victim and allowing the victim to open a Handphone in D around that time, continued to use the victim's name without moving his/her membership to the expiration of three months, and had the victim pay the victim a sum of 1,585,260 won to the SK Telecom Co., Ltd., and obtained property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The certificate of debt performance;

1. Records before and after judgments: Application of criminal history records, written judgments (2012 highestest 1529), written judgments (in the case of the Daegu District Court, 2014 highest 5081), search and output of case screen pictures (in the case of the Incheon District Court, 2014 highest 5081) and other statutes;

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

1. Handling concurrent crimes;

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