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(영문) 서울북부지방법원 2018.08.21 2017고정1946
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, on April 4, 2016, did not have obtained his/her father C’s consent to opening a mobile phone in his/her name, but, on April 4, 2016, he/she would wish to open a mobile phone in his/her name from the “F” mobile phone sales agent located in Ilyang-gu, Seoyang-gu, Busan, to E.

In addition, C's resident registration certificate pictures and photographs of passbook to E were sent to E, and acted as permitted by C to open the cell phone.

After all, the Defendant, as above, by deceiving E, obtained from E the delivery price equivalent to KRW 1,130,80,000, a victim SK Telecom Co., Ltd., and acquired from E the victim 6s flus flus flus 64 devices from smartphones.

2. On April 15, 2016, the Defendant, as described in the foregoing paragraph 1, did not have obtained consent from his father C to opening a mobile phone in his/her name, but wanting to open a mobile phone in his/her father C’s name in the “F” mobile phone sales agent as listed in the foregoing paragraph 1 on April 15, 2016 to be used by his/her mother to E.

for the same reasons as described in paragraph 1 above, the defendant had already been considered to have obtained permission from C.

E acted like obtaining permission for opening a mobile phone from C.

After all, the Defendant, as above, by deceiving E, obtained from E the delivery of 99,90 won from the victim SK Telecom Co., Ltd., which is equivalent to KRW 99,90,00 from the victim SK Telecom Co., Ltd., and acquired 64 smartphones by obtaining one smartphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Investigation report (investigation of factory price);

1. Application of the Acts and subordinate statutes on the mobile phone opening contract;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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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