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(영문) 대구지방법원 2019.07.11 2019고정445
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On November 28, 2017, the Defendant stated that “A victim D shall not open a mobile phone in his/her own name, so he/she shall pay a fee for using the mobile phone in his/her own name, and transfer his/her name three months after the opening of the mobile phone in his/her own name.”

However, at the time, the Defendant, at the time, bears a large amount of liability for cash service loans of an amount equivalent to KRW 17,345,00,00 against E Bank, such as overdue loans of an amount equivalent to KRW 9,029,00,00, while the Defendant did not have the ability or intent to pay the mobile phone fees even if he opened the mobile phone in the name of the victim due to the lack of

The Defendant had the victim open only one mobile phone (F) in the name of the victim and received it, and had the victim receive it, from December 2, 2017 to December 2, 2018, but did not pay a total of KRW 1,656,060 through small amount of the mobile phone, etc., and instead acquired the pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Reports on internal investigation (victim's DNA telephone call);

1. Application of statutes to a report on investigation (written consent to personal credit information of a suspect);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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