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(영문) 서울북부지방법원 2016.12.08 2016고정52

사기

Text

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

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

Reasons

Punishment of the crime

At around 13:00 on May 26, 2015, the Defendant made a false statement to the effect that “A victim C will sell three mobile phones 60,000,000 won prior to the departure of the U.S. child of Gangseo-gu Seoul Metropolitan Government No. 3 U.S. Child Station No. 130,000.”

However, the defendant did not have the intention or ability to sell three mobile phones to the victim.

As such, the Defendant, by deceiving the victim, had the victim pay the unpaid Seoul Guarantee Insurance Premium amounting to KRW 910,850, and KRW 273,812, and sk telecom amounting to KRW 238,100, which was paid by the Defendant under the pretext of advance payment, acquired property profits of KRW 1,422,762 in total.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Part C of the police suspect interrogation protocol against the defendant

1. Statement to C by the police;

1. Performance contract;

1. The application of Acts and subordinate statutes to investigation reports (request for the provision of data verifying communications;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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;