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(영문) 대전지방법원 천안지원 2014.02.13 2013고정964
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 12:40 on February 11, 2012, the Defendant stated that “E” is stated in the column for passenger information mobile phone calls for application for change of the device value by paying KRW 54,000 to a monthly mobile phone rate every 30 months on the face of a mobile phone with an Aphone 4S. In addition, the Defendant stated that “E” is stated in the column for passenger information mobile phone calls for application for change of the device.

However, due to the number without the above mobile phone number, the defendant did not want to open the mobile phone, and there was no property or income, and there was no intention or ability to pay the mobile phone fee in installments.

The Defendant, as such, by deceiving the victim, obtained from the victim the 946,000 Aphone 4S which is equivalent to the market price of the 946,00 won from the victim’s position, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the police suspect examination protocol against the defendant;

1. Statement of D police statement;

1. Application of the application for change of terminal/USIM, report on investigation (indial phone calls) and application of Acts and subordinate statutes to the investigation report (F telephone calls);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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