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(영문) 수원지방법원 성남지원 2014.05.07 2014고정526

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who has been operating D(food materials Do and retail) inHanam-si, and the victim E is a representative of G in Gwangjin-gu, Seoul.

On April 14, 2013, the Defendant called D office located in Chungcheongnam-si, Hanam-si, to the victim E’s spouse, and made a false statement to the effect that “The Defendant would make payment in cash immediately upon delivery of China-China carbon and heat.”

However, even if the defendant is supplied with charcoal from the victim, he did not have the intention or ability to pay the price.

As such, on April 16, 2012, the Defendant received KRW 8,300,00 in total twice as shown in the attached Form of crime, such as: (a) domestic tampers (2,300,000 won at a market price) and KRW 7.5km (1,400,000 at a market price) from among the domestic tampers (2,30,000 won at a market price) as one of the I warehouse, in which the Defendant informed the Defendant of around 09:30 on April 16, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on trading lists;

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;