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(영문) 서울동부지방법원 2018.01.16 2017고정730
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who works in the mobile phone agency with the trade name “D” located on Seongdong-gu Seoul Metropolitan Government and the first floor.

On June 28, 2016, the Defendant: (a) at a mobile phone agency of the above “D” around June 28, 2016, the victim E who was found as a customer to be a customer, whether the victim E can resolve the small voice of the mobile phone.

“I hear the horses and change the mobile phone to the victim because there is no cost to change the mobile phone and there is no damage.”

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intention or ability to prevent penalty, payment of the existing mobile phone, and purchase cost of mobile phones, and did not notify the victim of such fact.

Accordingly, the Defendant: (a) by deceiving the victim and allowing the victim to join the cell phone before health care, thereby imposing a penalty of KRW 117,490 to the victim; (b) KRW 118,860 to the remainder; and (c) KRW 319,00 to the purchase cost of the mobile phone; and (d) the Defendant acquired property benefits by releasing the debt equivalent to the same amount.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, ① the Defendant entered the victim’s Handphone entrance application on June 28, 2016, “117,450 guide for a penalty, and 118,860 guide for the remainder of the cellphone from sunrise to sunrise,” and if the Defendant did not give a penalty (including a page white) and give a guidance to the remainder of the cellular phone, it does not seem to have been stated in the above contents. ② In addition, on July 26, 2016, the victim went to set excessive charges to the Defendant’s store, and the cell phone at that time submitted the original application form to the court (the Defendant submitted the original copy) and the main body of the Defendant’s preparation.

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