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(영문) 창원지방법원 마산지원 2018.11.13 2018고단941
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for a maximum term of eight months and six months, and by imprisonment with prison labor for a term of three months.

(b).

Reasons

Criminal facts

1. The Defendants jointly committed the crime was in possession of Defendant A as they were in a situation that is economically difficult after leaving the country due to a tobacco relationship.

Using C’s resident registration certificate, as if Defendant B purchased a mobile phone in C’s name with the delegation of male-friendly job offers C, Defendant B purchased a mobile phone, and then came to raise living expenses by selling it through the Internet and trading website.

Accordingly, around December 21, 2017, the Defendants moved to the mobile phone agents located in Gyeong-gun E, from around 20:30, around December 21, 2017.

A. The fraud, at the time of the above day, Defendant B entered the above mobile phone agency run by the victim F, and presented C’s resident registration certificate issued in advance by Defendant A to G, who is an employee of the place, and Defendant B opened a mobile phone under the name of Defendant C with the delegation of male-gu C.

On the other hand, it is expected to immediately inform the bank account that will pay mobile phone charges, because it intends to use the party room SNS at present.

‘False speech' was made.

However, Defendant B was not a female-friendly Gu of C, and there was no fact that he was delegated with the opening of the mobile phone from C. The Defendants thought from the beginning that they sold the mobile phone to use the sales price for the purpose of living expenses, etc., and there was no intention or ability to pay the mobile phone price, communication fee, etc. normally.

Nevertheless, the Defendants conspired to induce G as above, and thereby, acquired the victim's property by obtaining S8 mobile phones from G in galloning S8 cellular phone equivalent to the market price of 1,094,500 won.

B. Defendant B prepared an application for H mobile accession at the above mobile agency at around the above day without C’s consent, and Defendant B’s use of the private document forgery and the foregoing investigation document is in the column of “C” and “Monthly day” in the name of the subscriber without C’s consent.

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