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(영문) 전주지방법원 2018.09.06 2018고단1388
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 23, 2016, the Defendant would pay the installments (36 months) and the communication fee to D handphone agencies located on the second floor of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, with D Handphones. The Defendant would normally pay the mobile phone and TV if he/she sells the combined product with the mobile phone and TV.

“Along with the purport of the same day, “A7 mobile phone value of KRW 59,500 at the market value of KRW 59,500 and KRW 1,290,000 at Samsung 50 TV at the market value of KRW 1,29,00 from April 2016 to April 2017” used telecommunications services equivalent to KRW 1,32,860 from April 201 to April 201.

However, the defendant did not have the intention or ability to pay the above installment and the communication fee normally.

Accordingly, the defendant deceivings the victim to acquire the financial benefits equivalent to KRW 1,889,50 and KRW 1,322,860.

2. On April 26, 2016, the Defendant would normally pay the Dwon Branch of G 603 of G 603 located on the third floor of the G 603 building in Suwon-si F, Suwon-si, the Defendant’s nameless employees “if a mobile phone and TV combined product is sold, (36 months) and the communications fee.”

“Along with the purport of the same day, “” was granted from the person who believed the same day the amount equivalent to KRW 374,00,000 in the market value of J5’s mobile phone (H) and the amount equivalent to KRW 1,290,000 in the market value of Samsung 50, and used telecommunications services equivalent to KRW 1,957,440 in total from May 2016 to April 2017.

However, the defendant did not have the intention or ability to pay the above installment and the communication fee normally.

Accordingly, the defendant deceivings the victim to acquire the pecuniary benefits equivalent to KRW 1,664,00 and KRW 1,957,440.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The range of recommended punishment according to the sentencing guidelines [the types of decisions] shall be one type of fraud (10 million won).

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