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(영문) 창원지방법원 통영지원 2014.05.21 2013고정629
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On July 2012, the Defendant made a false statement to the victim B with intellectual disability 2 in a place where he was not a policeman at the beginning of July 2012 that “to open a mobile phone and to have him receive money from the workplace.”

However, in fact, the defendant received a cell phone which was opened in the name of the victim from the victim, and the defendant thought to use it, so that he did not have the intention or ability to allow the victim to obtain work and use the cell phone.

The Defendant visited “D” agents operating 103, a large amount of 360,330 won from August 17 of the same month and around the 18th of the same month with the victim and opened two cell phones (E, F) in the name of the victim. Around that time, the Defendant received two cell phones from the victim and used the above cell phones amounting to a total of 1,80,000 won from the victim, and did not pay the same even when he used the cell phone service equivalent to a total of 360,330 won from around September of the same year to September of the same year.

After all, the defendant acquired the two mobile phones from the victim, and acquired the pecuniary benefits equivalent to the above amount of the use.

Summary of Evidence

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

1. Protocol of the police statement concerning G;

1. Application of a written charge, an investigation report (general statutes);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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