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(영문) 서울동부지방법원 2016.03.09 2016고정25
사기
Text

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

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

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Eastern District Court, and the Defendant appealed, but the appeal was dismissed, and the said judgment became final and conclusive on September 26, 2015.

1. A person who committed fraud on April 28, 2014, was in a relationship with the Defendant at the time of April 28, 2014.

B received his identification card from B to cell phone transmission, and made C, the main part of which is located in the (State) the building in the B, Jung-gu, Seoul Special Metropolitan City, a mobile service, prepare two copies of the mobile phone opening opening application using the personal information of B, and then make C, the main part of which is the mobile service employee of the victim KT (hereinafter “victim”) submit a false statement as if B, who is in charge of the opening of the mobile phone opening of the victim KT corporation (hereinafter “victim corporation”), opened the cell phone with his intent to pay the mobile phone fees and equipment.

However, the Defendant, after opening a mobile phone, was thought that the Defendant would have suffered monetary profit by selling the mobile phone to the proprietor, and would have suffered damage equivalent to the unpaid charges and the unpaid amount of equipment to the communications company that opened the mobile phone.

The Defendant, by deceiving the victim company, opened two cell phoness of SM-G90K of 866,800 won at the market price, and had C receive the above two cell phones from the (ju) mobile service employee.

2. On April 30, 2014, the Defendant, on April 30, 2014, drafted two copies of the application for opening of his/her mobile phone from F located in Gangnam-gu Seoul, Gangnam-gu, along with D’s words “B,” and submitted it to D, and made a false statement as if D, who had been in charge of opening of his/her mobile phone, was an unofficial in charge of the victim’s mobile phone opening and paying the fees for his/her mobile phone, was the intention of D to open the mobile phone with D’s intention to pay the fees for and equipment of the mobile phone.

However, the defendant is guilty.

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