beta
(영문) 인천지방법원 2017.03.03 2016고정2223

사기등

Text

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

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

Reasons

Punishment of the crime

1. On September 25, 2015, the Defendant entered the victim C’s residence located in Seo-gu Incheon Building 305, Seo-gu, Seo-gu, Incheon, and took 1,33,000 won or more of the victim’s 30,000 won, 1,33,000 won or more, and 2,40,000 Won or more of the 3,00,000 Won or more of the 3,00,000 Won or more of the 3,00,000 won or more of the 3,00,00 won or more of the 3,00,00 won or more of the 3,00,00 won or more of the 1,50,00,00 won or more of the 1,2,50,000 won of the 1,2,500,000 won of the 3,01,80,000.

2. On September 24, 2015, around 22:36, the defrauded concluded that “The Defendant would pay the victim KRW 4,500 per week 1 A of the Madern Building D 108 at the F convenience store managed by the victim E in Seo-gu Incheon, Seo-gu, Incheon.”

However, the defendant did not have the intention or ability to pay the price even if he received from the injured party 1 A of tobacco.

The defendant obtained the delivery of 1 A of tobacco with 4,500 won from the injured party and acquired it by fraud.

Summary of Evidence

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

1. Statement made by the police against C;

1. A E-document;

1. An investigation report (Submission of a photograph by capturing the details of card use), an investigation report (fusing letters sent by a victim C to the main office), and an investigation report (additional description of thief criminal facts);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the selection of fines for the crime;

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;