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(영문) 서울서부지방법원 2013.04.05 2013고정137

사기

Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 14, 2012, the Defendant was sentenced to imprisonment of 10,000 won and fine of 50,000 won in Seoul Southern District Court for fraud, etc., and the judgment became final and conclusive on August 22, 2012.

On December 8, 2011, at C, located in Yongsan-gu Seoul Metropolitan Government No. 101 on December 11:54, 2011, the Defendant made a false statement to the victim D that “The Defendant would pay the price if he/she would supply approximately KRW 2.80,000 to the victim D.”

However, the defendant did not have the intention or ability to pay the price even if he purchases the above flaps from the victim.

Nevertheless, the Defendant received from the victim the amount equivalent to KRW 280,00 in the market price of Samsung Franter at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions: Application of respective Acts and subordinate 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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