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(영문) 서울동부지방법원 2014.07.08 2014고정282

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

Around February 2013, the Defendant made a false statement to the victim C that “The Defendant would have the ability to sell approximately 1,000 the 1,00 health foods of Macheon C (based on sales) during one month.”

However, in fact, there was no intention or ability to sell the health food of Macheon Salt sold by the victim.

On February 26, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 20 million from the victim on February 26, 2013; (c) KRW 500,000 in terms of automobile purchase expenses for the same account on February 28, 2013; (d) KRW 15,00,000 in terms of personal expenses for the sale of health food; and (e) KRW 30,000 in terms of personal expenses for the sale of health food from the same account on March 5, 2013; and (e) received KRW 43,000 in terms of expenses for the sale of health food from the same account on March 15, 2013.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Protocol of Police Statement C, Application of C of the Acts and subordinate statutes on the complaint of complaint of C

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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;