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(영문) 광주지방법원 2014.06.12 2014고정694
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

On September 10, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Gwangju District Court on two years and six months, and the judgment became final and conclusive on November 27, 2013.

At the beginning of March 2013, 2013, when the Defendant opened a mobile phone in the name of the victim C, even if he opened the mobile phone in the name of the victim C, he did not think of the payment of the cost or the cost of using the mobile phone or the cost of the mobile phone, and was thought to do so by opening the mobile phone in the victim’s name, he would not know of the fact that he would cause D to pay KRW 200,000 in compensation to the victim if he opened one mobile phone in the victim’s name, and would not pay the cost of use and the cost of the mobile phone. By inducing the victim to pay the cost of use and the cost of the mobile phone, he received the victim’s resident registration certificate, photograph and the victim’

On March 5, 2013, the Defendant used this, and acquired property equivalent to KRW 1,089,00 in the market price by opening one cell phone (H) in the name of the victim in the name of the victim in the 'G' mobile phone agency located in the Gwangju Mine-gu, Gwangju, and by transferring the above cell phone to the de facto largephone distributor, and let the de facto buyer use it, thereby obtaining approximately KRW 429,430 of the fee for the use of the cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Before and after the decision: Application of the judgment (13 highest order 2087) and the judgment (13No2035);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 347 (1) and 34 (1) of the Criminal Act, the selection of fines (the amount of fines shall be determined in consideration of equity in cases where a judgment is rendered simultaneously with criminal records of the accused, violations of the Act on the Aggravated Punishment, etc.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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