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(영문) 대구지방법원 서부지원 2017.09.13 2016고단2590
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On September 29, 2016, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution due to an injury, etc. by the Daegu District Court, and the judgment became final and conclusive on October 7, 2016.

[Criminal facts]

1. On May 17, 2016, the Defendant made a false statement in D in Daegu Seo-gu, Daegu-gu, on May 17, 2016, that “A victim E (V, 19 years old) opened a cell phone where all mobile phone charges and equipment charges are paid, instead of the cell phone that is paid.”

However, the defendant did not have any intention or ability to pay the mobile phone charges and the cost of equipment even if he/she receives the mobile phone charges of at least seven million won from the injured person in an unpaid state.

Nevertheless, the defendant deceiving the victim as above and let the victim open one so-called Soviet mobile phone in the name of the victim in the gallon jus of the market value of 968,000 won, and acquired it by receiving the above mobile phone from the victim.

2. In the PC room in which the trade name in the Nam-gu Daegu-dong on the same day is unknown, the Defendant, including computers, entered personal information, such as the victim’s date of birth, into the victim’s cell phone (F) without legitimate authority, and purchased the victim’s right to receive KRW 50,000,000 in total over 16 times, from that time until 14:50 of the same day, from that time, the Defendant paid 650,000 in total, as shown in the list of crimes in the attached Table, by using the above cell phone.

Accordingly, the defendant acquired financial benefits equivalent to 650,000 won in total by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Characters, applications for mobile phone subscription, details of settlement of small sums, etc., investigation reports (specific description of the amount of damage);

1. Previouss before judgment: A reply to inquiries, such as criminal history, investigation report (suspects);

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