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(영문) 창원지방법원 통영지원 2019.09.24 2019고정190
사기
Text

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

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

Reasons

Punishment of the crime

Around September 2017, the Defendant provided that “If a person lends his/her name on a cell phone, water purifier, or the Internet, he/she will pay a monthly charge” to the victim, which is the house of the victim B, the Defendant received and used the cell phone in the name of the victim, and entered into a contract for the use of water purifiers and the Internet, and used it in the Defendant’s house.

However, the Defendant did not have certain income or assets, and there was no intention or ability to pay mobile phone, water purifiers, and Internet fare as promised to pay approximately KRW 13 million from financial institutions and loan companies.

As seen above, the Defendant did not pay a total of 2,716,750 won of mobile phones and Internet water purifiers in the name of the victim from September 2017 to September 2018 (2,231,840 won of mobile phones, water purifiers charges of 39,50 won, Internet charges of 445,410 won, and 445,410 won) while deceiving the victim as above and using the mobile phones and Internet water purifiers in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including B substitute part);

1. Investigation report (to attach a request for a portable telephone or Internet fare);

1. Application of Acts and subordinate statutes to investigative reports (Attachment of Results of Credit Information Inquiry), investigation reports (E business telephone conversations);

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

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

1. After a request for formal trial for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the amount acquired by deception has decreased by a change of indictment, and the fact that there is no same criminal record shall be considered;

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