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(영문) 대구지방법원 2017.01.11 2016고정1984

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a well-dying food equipment company B.

On August 20, 2014, the Defendant brought 3 million won or less, which was placed by the victim D (V, 32 years of age) located in G, G, C, Gyeongbuk-gun on August 14, 2014, to the victim in E, and brought ice cream equipment equivalent to 3 million won.

Monopoly Sale

A false statement was made.

However, the fact did not have the intention or ability to sell even if the damaged part of the ice cream machine was obtained from the injured part.

As such, the Defendant, even though deceiving the victim and being delivered the said machinery by the injured party, was exempted from paying three million won the said money, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement made by the police against D;

1. Complaint;

1. A criminal investigation report (related to the confirmation of the counter-suspect's statement and letters as the complainant);

1. Application of Acts and subordinate statutes to a criminal investigation report (to listen to telephone statements against a complainant), investigation report (verification as to whether ice cream equipment is kept), investigation report (to file pictures of ice cream equipment), and investigation report (to file files);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;