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(영문) 전주지방법원 2018.03.22 2017고정746
준사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2017 High 746"

1. On July 31, 2015, the Defendant: (a) requested C’s agents located in the B and 1st floor of North Korea to immediately (on July 31, 2015) to “A victim D with intellectual disability due to Grade 1 or 1 disorder; (b) demanded the victim to take responsibility for and pay mobile phone charges; (c) to lend the name of the victim; and (d) demanded the victim who has no ability to make a decision due to mental or physical disorder to open one mobile phone (E) in the name of the victim; and (b) received the said mobile phone amounting to KRW 242,00 from the market price to receive the said mobile phone amounting to KRW 909,740 using the said mobile phone until May 2016, the Defendant charged the victim with the amount equivalent to KRW 740 of the usage charges.

As a result, the Defendant received one cell phone using the mental disorder of the victim, and obtained a total amount of KRW 1,151,740 by taking property benefits equivalent to KRW 9,740,000 from the victim.

"2017 High 880"

2. On May 16, 2017, at around 23:40, the Defendant: (a) committed assault against the victim G (31 years of age) on the front road of the 3-dong F apartment of Yancheon-gu, Yancheon-gu, Seoul, without any reason, with the victim’s “satisf and enter the 31 years of age”; and (b) dumbling the victim’s breath with his hand.

Summary of Evidence

[Judgment No. 1]

1. Statement made by the police with H;

1. The complaint filing, a copy of the application for mobile phone subscription, and a demand note for the repayment of the unpaid charge for KT (the fact of the judgment No. 2);

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on investigation (on-site situations, etc. at the time of mobilization);

1. Article 348 (1) of the Criminal Act ( quasi-Fraud) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's grounds for sentencing of Article 334 (1) of the Criminal Procedure Act ("the Criminal Procedure Act") in the order of provisional payment are the certificate of division.

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