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(영문) 인천지방법원 2018.10.04 2018고단3992

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 5,721,00 won to the applicant B for damage caused by fraud.

Reasons

Punishment of the crime

The Defendant, around January 8, 2018, granted from “H” located in “F building G in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, to the victim B, “If there is an employee discount, but at the same time, 50% of the price of the end is paid in a lump sum, the Defendant shall be exempted from all the last installment.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party as the price for the short term, he did not have an intention or ability to exempt all of the installment payments of the terminal.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 778,00 in cash from the victim for the same day as the price for the terminal device; and (c) received the total of KRW 18,107,480 from around that time to February 11, 2018 from the victim by the same method against the 16 victim, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement (including each accompanying document) with respect to I, J, K, L, M, N,O, P, Q, B, and C;

1. A complaint for the preparation of M (including accompanying documents);

1. A written statement of R, S, D, and E (including accompanying documents);

1. A report on internal investigation (Submission of data by an complainant);

1. Application of statutes, such as a certificate of confirmation of remittance, and a statement of inquiry of details of transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each injured party) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25 (1) 1, Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders [Plaintiff C, D, and E seek compensation for fraudulent damage and delayed damage. However, during the trial of this case, the amount of the money obtained by the Defendant was paid, and the amount of delayed damage was paid by the Defendant during the trial of this case, and the amount of late damage does not constitute a direct physical damage.