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(영문) 서울남부지방법원 2013.10.23 2013고정2963

사기

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 July 15, 2011, the Defendant made a false statement to the victim D(37 years of age) at C’s office, a cosmetics company that is operated by the second floor of Seocho-gu Seoul Metropolitan Government, the Defendant supplied the victim D (37 years of age) with an medication E4,00 and paid the price by August 15, 201.

However, in fact, at the time, debts amount to KRW 80,000,000, but there was no particular property or income, and even if the defendant was supplied with the medication due to the financial difficulties of the defendant, there was no intention or ability to pay the proceeds until August 15, 2011.

On July 18, 201, the Defendant, as above, by deceiving the victim and by having the victim deliver 4,000 portable agents to the company F in Suwon-si, which is located in Suwon-si on July 18, 201, received 8,800,000 won at the market price of 4,000, and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to petition a complaint and report on investigation into evidence;

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

1. Articles 70 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;