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(영문) 인천지방법원 2018.10.15 2018고정947

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant and B would exchange a gallon 7 mobile phone from LGV20 to LGV20 within 3 days, where the Defendant and B met the victim E in Nam-gu Incheon Metropolitan City, on October 19, 2016, in D, which is located in the Nam-gu, Incheon, Seoul, on October 5, 2016.

A false statement was made.

However, the defendant and B did not have the intention or ability to exchange 7 mobile phones with other mobile phones when galloning jum.

Nevertheless, the Defendant and B conspired with the victim as above and received 7 mobile phones from the victim with 750,000 won or more at the market price.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a contract or a detailed statement in currency;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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;