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(영문) 서울중앙지방법원 2013.03.28 2012고정4216

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Central District Court, which became final and conclusive on May 4, 2012.

1. Around the end of February 2011, the Defendant made a false statement to the victim E (the 52-year-old) by inserting the Damond amounting to KRW 2,00,000,000 into the half of the 200,000,000 in the half of the 2011.

However, there was no intention or ability to return multimond even if it was delivered against the victim.

Around March 7, 2011, the Defendant received from the victim one half of the amount of market value of KRW 800,000 from the victim at the same place.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. 절도 피고인은 2011. 3. 13.경 전항과 같은 장소에서, 그곳에 있는 F 소유의 빔프로젝터(엡손) 1대 시가 70만 원 상당을 가지고 나와 이를 절취하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness E;

1. Statement to E by the police;

1. A complaint;

1. Dri beam beam projector projector's advertising paper and reflector's photograph;

1. Previous convictions indicated in judgment: Criminal records, US records, results of confirmation, and application of Acts and subordinate statutes to report criminal investigations (attached to a written judgment);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act and selection of fines for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;