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(영문) 서울중앙지방법원 2013.12.19 2013고정2483

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 19, 201, the Defendant: (a) concluded a consignment sale contract in the form that the Defendant purchased and sells clothing in lieu of the victim E’s money; and (b) concluded a consignment sale contract in the form that the Defendant sells clothing in lieu of it; (c) notwithstanding the absence of an intent to preferentially pay the principal of the victim’s principal, the Defendant would first purchase and sell the clothing with the money to the victim and then divide the remainder to 50:50,000 won, 68 million won from the victim as the purchase price of the F’s clothing; and (d) acquired 168 million won in total from the victim as the purchase price of the clothing; and (e) acquired 100 million won in the form of the “G’s clothing” purchase price.

2. On December 22, 201 of the same year, the Defendant, at the same place, made a false statement to the said victim by the same method, and acquired 13 million won from the victim as the purchase cost of the t bargaining clothes.

Summary of Evidence

1. Legal statement of witness E;

1. E's statement among the suspect interrogation protocol of the accused against the prosecution;

1. E prosecutorial statement;

1. The application of laws and regulations governing the certificates of content (a contract termination and return request), consignment sale contract (a complainant-H), trading and trailing, consignment sale contract (a complainant-I), consignment sale contract (a complainant-I), consignment sale contract (a consignee-G), receipt of goods, and deposit details;

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

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

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

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