(영문) 인천지방법원 2015.11.27 2015고정1641

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자간(%)

(영문) 인천지방법원 2015.11.27 2015고정1641

사기

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who worked at a mobile phone sales store.

On November 30, 2013, at around 16:00, the Defendant contacted the victim E (ma, 23 years of age) at the D office located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, and made a false statement to the effect that “the charge and the cost of mobile phones will be paid within 20,000.”

However, in fact, there was no intention or ability to pay the user fee and the mobile phone price in the name of the victim.

The Defendant, after having obtained consent from the victim necessary for opening a mobile phone from the victim, opened two mobile phones in the name of the victim, used them, and 2,524,140 won, such as the unpaid amount of the mobile phone, etc., were claimed to the victim, thereby making the victim obtain financial benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. The Defendant and the defense counsel alleged that there was no intention to commit deception or fraud because they believe the horses of F that they would pay the mobile phone fees in the company and opened the mobile phone under the name of the victim. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, D, at the time of the instant case, was difficult for G to be responsible for embezzlement of the mobile phone and embezzlement of the business consignment sales contract, and opened the mobile phone in the name of the victim without explaining the aforementioned circumstances to minimize the damage incurred therefrom. The Defendant requested the victim to open the mobile phone without explaining the aforementioned circumstances, and the victim thought that the Defendant, who is an employee selling the mobile phone, opened the mobile phone in the name of the victim to raise the subscription performance.

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