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(영문) 서울남부지방법원 2017.03.17 2016고정2923

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On March 3, 2016, the Defendant called the victim D (n, 28 years of age) at the fluoral site on March 15, 2016, and called the victim D on March 3, 2016, “F in Guro-gu Seoul Metropolitan Government E with 40,500,000 won and 450 Stockholms.

The term "highly false statements" were made.

However, a person who is not a pharmacy founder or a drug wholesaler shall not sell or acquire drugs for the purpose of sale, and a person who intends to be a drug wholesaler shall obtain permission from the competent authorities as prescribed by Ordinance of the Ministry of Health and Welfare, and Boxs had no intention or ability to seek Stockholm even if he/she receives a payment from the injured party because the sale and distribution of drugs are restricted.

Nevertheless, the defendant deceivings the victim as above and obtained 40,50,000 won from the victim as the Stockholm price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (related to confirmation of details of withdrawal of a victim passbook);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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