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(영문) 서울북부지방법원 2018.07.06 2018고단1697
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around May 2013, the Defendant opened a mobile phone under the name of another person, and sold it to a used mobile phone buyer to gain profits, and directly and indirectly, to the victim C, D, E, E, F, G, H, I, J, K, L, M, etc., who is one’s own seal, with the intention of gaining profits from selling it to one’s own mobile phone buyer, and to the amount from 100,000 won per one unit to 20,000 won.

With respect to the issue that some of the persons are concerned about the damage that may be caused by this proposal, “If a new Handphone is received by disposing of the loss after the lapse of one to three months, it shall be paid with the Handphone charge and installments to the person who will be sold.

The phrase “I” and “I have known about the part of the thesis that could terminate,” and provided a false explanation.

However, in fact, the Defendant received the mobile phone opened in another’s name from the beginning and intended to make profits from sales to the purchaser of the mobile phone, but did not have any intent or ability to pay the mobile phone charges or the short-term installment payments imposed on the nominal owner instead of the nominal owner, and did not have any intention or ability to terminate the contract for the use of the mobile phone. There was no intention or ability to pay the penalty (the amount to be refunded at the time of termination) imposed on the nominal owner of the mobile phone and the refund of the amount equivalent to the mobile phone payments, and there was no intention or ability to compensate for losses to the nominal owner by claiming for false loss insurance.

The Defendant received from the victim I three mobile phones (the total of KRW 1,944,00, and the ex-factory price base) of 5S mobile phones (N, K Telecom) around that time, and received from the victim I a total of KRW 180,743,60 from the victims total of KRW 180,743,00 as shown in the annexed crime list from around that time to January 13, 2014.

Accordingly, the defendant deceivings victims.

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