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(영문) 의정부지방법원 2015.02.05 2014고정2683
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a crime of fraud, etc. at the District Court, and the above sentence became final and conclusive on August 2, 2013.

The Defendant, while working as the employee of the “C”, who is a mobile phone agent in his own government city B, had a copy of D’s identification card known to ordinary people, etc., he thought that he arbitrarily opened one cell phone in his name.

On December 6, 2010, the Defendant: (a) forged the application for the purchase of a mobile phone in the name of D at the above agency; (b) submitted the application to the victim ELB Plus Co., Ltd. through a named employee who is unaware of the fact of the foregoing provision; and (c) pretended to pay normal fees; and (d) failed to pay the total amount of KRW 114,110,00, the Defendant received one mobile phone (IM-U680,) equivalent to the market price of KRW 425,50, and did not pay the same.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. The head of an accusation, an application for admission to a juvenile, a written confirmation of details of admission, and information on requests;

1. Judgment division: Application of the reference to criminal records, the Konet case search statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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