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(영문) 인천지방법원 2012.08.16 2012고정975
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person operating the Nam-gu Incheon Metropolitan City C.

On October 24, 2011, the victim D provided the defendant with the repair of the mobile phone in the above C.

around that time, the Defendant requested F to repair the above mobile phone from E Service Center to F who works as a AS engineer, and F used part of the used parts in his possession, used the parts in the above Service Center for the remaining parts and processed them without compensation, and requested the Defendant to pay 150,000 won as repair cost.

On October 25, 2011, the Defendant returned a mobile phone that had been repaired in the above C around 12:00, and demanded the victim to “the repair cost has been 2.80,000 won.”

Although the Defendant accepted a cell phone at a low level through the special treatment procedure as above, the Defendant deceivings the victim as if he had gone through a normal repair procedure, and was remitted 280,000 won to the Defendant’s account as repair expenses for the same day.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the police officer in G, and complaint of D;

1. According to the document of receipt of E services and the document of this case, it is recognized that the Defendant, as if he would repair a mobile phone, by deceiving the victim as if he would repair the mobile phone, and then, attempted to obtain the amount of the repair cost by using H and F through a special processing procedure.

The defendant asserts to the effect that the damage of the victim's cell phone was the target of a fee repair, and that the repair cost exceeds 280,000 won even after the regular repair procedure, so there is no error in the defendant'

However, from the perspective of the consumer who is in charge of repair, it can be considered as an important issue that the repair is performed using the parts of the authentic goods through normal repair procedures, so the defendant is a special procedure without undergoing the regular receipt procedure for the victim.

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