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(영문) 수원지방법원 안양지원 2017.06.13 2016고단2167

사기

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 2013, the Defendant would pay KRW 800,000 per month to the victim D (the 72 years of age) (the 10,000 won of food treatment equipment to invest more than 10,000 won) and return KRW 13,00,000 per unit of food treatment equipment to the victim D (the 10,000 won of food treatment equipment if he/she purchased more than 10,00 won of food treatment equipment.

“A false representation was made.”

However, the Defendant did not have any intent or ability to pay KRW 13 million, which the Defendant promised, because he was unable to sell food in a normal way due to bad credit standing and lack of sufficient sales network at the time.

The Defendant deceptioned the victim as above and obtained the total sum of KRW 10 million from the victim’s checks and cash from the Defendant’s office located near the F Station located in Songpa-gu Seoul, Songpa-gu, Seoul on July 27, 2013 to July 28, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a copy of the contract (State) G-D;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing under Article 334(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Aggravated Punishment, etc.”) - The defendant has been sentenced to four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in 2007 and has committed again the crime in this case after he was released from