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(영문) 의정부지방법원 고양지원 2020.04.23 2019고단1888
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to imprisonment for eight months with prison labor and for six months with prison labor for larceny, etc. at the District Court of the Republic of Korea on October 17, 2019, and on October 25, 2019, the Defendant was in a relationship with the Victim B from March 26, 2018 to June 20 of the same year.

1. Frauds around April 2018 (2019 highest 1888);

A. On April 10, 2018, the Defendant made a false statement to the victim, “A mobile phone agent located in Yongsan-gu, Yongsan-gu, U.S., U.S., U.S. and U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S.

However, at the time of fact, the defendant did not have any special income or property, so even if he opened a cell phone in the name of the victim and opened it, he did not have the intent or ability to pay the fee.

As above, the Defendant, by deceiving the victim and using one mobile phone (number D) in the name of the victim from the victim, did not pay the victim a sum of KRW 1,293,740, such as installment payments, monthly user fees, and small amount of payment until May 27, 2018, thereby acquiring property benefits equivalent to the same amount.

B. On April 18, 2018, the Defendant made a false statement to the above mobile phone agent stating that “The Defendant shall open the cell phone to be used before an election is held by the Gyeonggi-do Council member, who is the branch, and shall pay the mobile phone fee in the name of thener.”

However, at the time of fact, the defendant did not have any special income or property, and there was no Gyeonggi-do Council member called E, so even if he opened a mobile phone in the victim's name and opened it, he did not have any intent or ability to pay the fee.

As above, the Defendant, by deceiving the victim as above, used one cell phone (F) in the name of the victim from the victim, and made payments, monthly charges, and monthly charges until May 27, 2018.

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