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(영문) 서울동부지방법원 2014.07.25 2014고정214

사기

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant: (a) around September 12, 2013, in the case of the Seoul Gwangjin-gu Seoul Special Metropolitan City Victim D, the Defendant provided that “The Defendant would pay the victim the entrance fee by imposing a charge on the public notice board.”

However, even if the defendant was admitted to the above Notification Board, the defendant did not have an intention to pay the entrance fee.

As above, the Defendant, by deceiving the victim as above, obtained the victim’s pecuniary benefits equivalent to KRW 170,00 from September 12, 2013 to October 6 of the same year by being provided with an announcement source from the victim, and acquired the monetary benefits equivalent to KRW 170,000.

Summary of Evidence

1. Legal statement of witness D;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Letter of payment;

1. Application of the photographic 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. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;