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(영문) 서울중앙지방법원 2015.09.23 2015고정2339

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 12, 2010, the Defendant was sentenced to a suspended sentence of two years, etc. at the Seoul Western District Court for criminal fraud on August 12, 201, and the said judgment became final and conclusive on November 2, 2010.

On August 26, 2010, the Defendant made a false statement to the effect that “The Defendant would pay in full the price within one week, because the steel materials are required to be supplied to the victim D with the amount equivalent to KRW 10.4 million.”

However, there was no intention or ability to pay the price properly even if the defendant was supplied with the above steel by the victim due to the relationship in which the defendant was in an economically difficult situation.

The defendant acquired the 10,400,000 won of the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of transactions, a statement of payment, or a copy of a decision;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Binding records on the same kind of judgment), and copies of written judgments in Seoul Western District Act 2010No918;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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;