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(영문) 서울서부지방법원 2013.11.05 2013고정1718

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The Defendant, while working as a delivery source at “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and kept and managed Eth 100 Ethytoma from the victim D, the president, for the purpose of delivery and commuting to and from work. On September 15, 2012, around 02:00, he issued the above Oba to H under the pretext of paying the drinking value as “G” located in Mapo-gu Seoul Metropolitan Government F, and embezzled the above Oba, the victim’s possession of the amount equivalent to one million won.

2. The Defendant, as if he did not have the ability to pay the drinking value at the above date, at the above time and place, by deceiving the victim H, thereby taking approximately KRW 37,00, and taking property benefits by being provided with approximately KRW 37,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and D;

1. Application of the Acts and subordinate statutes on the acceptance of Orbiopia;

1. Relevant Article 355(1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of embezzlement and the choice of fines) for criminal facts, the choice of punishment (the point of fraud and the selection of fines);

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;