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(영문) 부산지방법원 2013.11.04 2013고정4008
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 14:00 on March 16, 2012, the Defendant made a false statement to the victim C, “On the occasion of opening a mobile phone, the Defendant: (a) sent money to the victim D according to the performance; (b) paid fees, and (c) opened a mobile phone.”

However, there was no intention or ability to open and deliver a mobile phone to the victim because the defendant had opened and sold the mobile phone in another place and thought to use the money.

The Defendant, by deceiving the victim as such, received the victim identification card from the victim, and then received two cellular phones (E and F) from LLpllers, and did not deliver it to the victim, thereby allowing the victim to claim for the payment of the sum of 2,530,050 won and the cost of using the device equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the detailed statement of payment of fees, written confirmation of subscription to mobile phones, and written openings;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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