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(영문) 서울중앙지방법원 2016.06.09 2016고정1006

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a customer of the Gangnam-gu Seoul Metropolitan Government “D” where the Defendant was victimized by B.

1. The Defendant, around February 28, 2014, is the victim of the foregoing D’s “in preparation for E immediately.”

If the parts equivalent to KRW 5,724,720, including part SCREW (V) are sent to Kwikset service with F 101 Dong-dong, Nam-gu, Incheon, to pay the cost immediately after receiving the goods.

“A false statement” was made.

However, even if the victim received parts, the defendant did not have the intention or ability to pay the price.

Nevertheless, the defendant deceivings the victim as above and was delivered 5,724,720 won to the victim.

2. On August 22, 2014, the Defendant sent an additional part to the above victim, “Around August 22, 2014,” along with the unpaid payment.

different types.

‘Falsely speaking, the parts equivalent to KRW 1,136,080 have been provided in the same manner as Paragraph 1, and the financial gains equivalent to KRW 6,975,360 have been acquired.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to filing a complaint and a statement of parts for delivery;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;