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(영문) 창원지방법원 2017.10.18 2017고정565
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 31, 2015, the Defendant: (a) called “B” a phone call to the victim B, who was the seat of the seat of the seat of the seat of the seat of the seat on August 31, 2015; and (b)

A new mobile phone should be opened, but a mobile phone should be opened in four names, and a mobile phone should also be inside and after two weeks after opening.

“False speech was made to the effect that it was “.”

However, the defendant did not have any particular property or income at the time, and there was no intention or ability to change the name of the mobile phone in the name of the defendant, even if opening the mobile phone under the victim's name.

As such, the Defendant, by deceiving the victim, had the victim open the “C” mobile phone, and had the victim pay the total of 950,000 won of the terminal fee and the user fee of the aforementioned mobile phone, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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