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(영문) 춘천지방법원 속초지원 2018.05.30 2017고단78
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant operates a mobile phone sales store, he opened a mobile phone with the resident registration number identified by the persons in charge of the mobile phone, and received the sales commission and the mobile phone from the mobile phone agency.

On February 6, 2014, the Defendant sent by facsimile an application for mobile phone subscription, which was written by the Defendant’s 'E’, which was operated by the Defendant in Gangwon-si, Gangwon-si, and was written as the Defendant’s personal information as if the Defendant used the said mobile phone and was the intention to pay installment and charges, to the victim K, who operated the “G” from F at the Seocho-si, via the public prosecution, which operated the “G” from F at the Seocho-si, and through H, the Defendant’s operation of the “J” at the Seocho-si.

However, in order to dispose of a mobile phone using a mobile phone with a mobile phone sales commission, the Defendant did not have the intent or ability to have the victim pay the short term payment and the telecommunication fee, etc. from the customers in a normal manner, since he did not pay the mobile phone and opened the mobile phone under another person's name.

Nevertheless, on February 6, 2014, the Defendant received 39,900 won from the injured party’s cell phone and sales commission from 814,00 won, from around October 22, 2014, from then on 58 times, including the Defendant’s receipt of KRW 47,576,100 from the injured party’s cell phone and KRW 22,849,80,00 in total sales commission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police against M;

1. A suspect examination protocol prepared by the police with regard to H;

1. A criminal investigation report (Attachment of data on replys to communications companies);

1. Application of Acts and subordinate statutes on mobile phone sales details, deposit details, etc. and damage details;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized the crime of this case, and that in 199.

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