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(영문) 의정부지방법원 2013.12.19 2013고정2703

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On July 29, 2009, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court on July 29, 2009 and such judgment became final and conclusive on September 29, 2009.

On October 31, 2007, the Defendant provided the victim D with health food on credit at the Seoul Dongdaemun-gu Seoul Office C Office Co., Ltd., Ltd., located in Dongdaemun-gu, to pay the price by November 30, 201.

However, at the time, the defendant had no ability to pay the price even if he was supplied with the above goods because the business operated around April 2007 was in a state of default and bad credit standing.

Nevertheless, the Defendant deceptioned the victim as above, and received 300 boxes of healthy food 30,000 won at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (report on hearing statements by a complainant) and investigation report (Hearing statements by a complainant);

1. Previous convictions: Application of criminal records and investigation reports (related to concurrent crimes under the latter part of Article 37) and statutes;

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 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;