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(영문) 전주지방법원 군산지원 2019.06.24 2019고단72
사기등
Text

1. Defendant B is punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant B (criminal power, etc.) was sentenced to a suspended sentence of ten months on January 16, 2019 for the crime of violation of the Punishment of Violences, etc. Act (joint injury) in the former District Court’s Military Mountain Branch, etc. on January 16, 2019 and currently pending trial in the appellate trial. Defendant B was sentenced to a suspended sentence of two years on July 21, 2017 for a special injury under the former State’s Military Mountain Support Act, and a suspended sentence of two years on September 23, 2017 for a person who has no specific occupation, and Defendants BI and K are members of society.

【Criminal Facts】

1. The Defendants committed fraud against the Defendants along with BJ, which is the action stand place of the “AD wave” of the Fasan-si violence organization, and attempted to open a cell phone in the name of the neighboring people and sell it and acquire the price by fraud.

On April 23, 2018, the Defendants, along with the foregoing BJ, made a false statement to the BK agency located in Daejeon on April 18, 2018, that “The Defendant BL, a middle school of the Defendant B, paid the mobile phone price and charges to the Defendant BL, who opened the mobile phone in his/her name, so as not to cause damage.”

However, in fact, the Defendants only intended to use the money for their own living costs by opening the cell phone in their own name and disposing of it to the mobile phone purchaser, and did not have the intent or ability to pay the money in lieu of the mobile phone price and the fee under the name of the victim.

As above, the Defendants: (a) deceiving the victim; and (b) had the victim take part in the opphone X mobile phone in the above agency with approximately KRW 800,000,000 in the victim’s name; and (c) received the case from the victim.

As a result, the Defendants conspired with the BJ, and deceiving the victim.

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