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(영문) 부산지방법원 2015.04.09 2014고정5005

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant made a false statement to the effect that “E” of the victim D’s operation in Seo-gu, Busan Metropolitan City would deposit the victim in full with the daily account in the face of the week in response to a provisional departure.”

However, the defendant did not have the intention or ability to pay the provisional payment to the victim.

As such, the Defendant, by deceiving the victim as such, received from the victim a provisional action of the amount of KRW 800,000 from the victim immediately.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made to D by the police;

1. Product details;

1. Application of the Acts and subordinate statutes on household effects photographs;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;