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(영문) 광주지방법원 2018.10.24 2018고정682

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 November 9, 2016, the Defendant would deliver lighting equipment to the victim D at the C Office located in Gwangju Northern-gu, Gwangju, to approve the monthly price of the lighting equipment.

“A false statement” was made.

However, the defendant did not have any intention or ability to pay the price even if he is supplied with the lighting fixture from the injured party.

As such, the Defendant, by deceiving the victim, was supplied with the lighting organization equivalent to KRW 15,369,055 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account books and delivery certificates;

1. Application of Acts and subordinate statutes to investigative reports (credit information replys to age assessment information);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.