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(영문) 서울북부지방법원 2013.09.12 2013고정1582

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “Cat” in Dongdaemun-gu Seoul Metropolitan Government B and 101.

On December 12, 2012, the Defendant: (a) made a false statement to the Defendant stating that “The Defendant would make payment in cash at the last day of each month if he/she delivers the cremation site, physiological site, oil return, physical dust, etc. necessary for marina, to the victim even if he/she was supplied goods from the victim D by means of a compulsory auction due to the unpaid payment of the construction cost; and (b) received the victim’s money from the victim on December 19, 2012, including the amount equivalent to 3,386,70 won, such as cremation site, etc. on December 18, 2012; and (c) received from the victim on December 19, 2012, the amount equivalent to 716,270 won, such as oil reservoir, etc. on December 28, 2012; and (c)05,400 won including cremation site, total amount equivalent to 4,408,370 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the Customer Director, the detailed statement of each transaction, the details of supply by item (F), the public notice, the report of provisional auction for corporeal movables, Cmate sales ( September 2012 - 11), and Cmate sales ( March 2, 2012)

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;