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(영문) 창원지방법원 통영지원 2017.12.04 2017고정357
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. 피해자 에이 제이 네트웍 스 주식회사 관련 피고인은 2014. 7. 28. 피해자 회사와 사이에 노트북을 피고인이 피해자 회사로부터 36개월 동안 월 렌 탈료 39,490원에 렌탈하는 내용을 계약을 체결하였다.

However, in fact, the defendant did not have the intention or ability to pay the sirens at the time, and there was no intention to return it to the victim company.

As such, the Defendant, by deceiving the victim company, was issued from the victim company one of Samsung C&T North Korea (Nomt North Korea) at the residence of the Defendant on the 31st of the same month, through through through through the Dong-si B, the market price of which is equivalent to KRW 1,360,535.

2. On October 17, 2014, the Defendant told the victim E to the effect that “the victim would pay the end price and the user fee every month by opening the cell phone in the name ofner” under the victim E.

However, even if the defendant received and used a mobile phone opened in the name of the victim, he/she did not have the intention or ability to pay the end price or the monthly user fee.

The Defendant, by deceiving the victim as such, had the victim join the SK Telecom Services in the name of the victim, obtained a mobile phone of an amount equivalent to 748,800 won at the market price of 748,800 won from the victim’s name from the victim and acquired it by fraud. By April 2015, the Defendant, using the aforementioned mobile phone, charged the victim with KRW 1,204,630, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the statement of the complainant agent;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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