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(영문) 서울북부지방법원 2019.11.28 2019고정1547

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 17, 2019, the Defendant issued orders to the victim D, who operates C, a agricultural and fishery products import and distribution company, through B, as if he would pay the price within three days.

However, the defendant did not have any intent or ability to pay the price even if he was supplied with fireworks from the victim for the amount of KRW 150,000,000 to the bad credit holder at the time.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the delivery of 5.60 boxes of the total amount of KRW 14 million to the market value and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Investigation report (related to statements by complainants - Correction of damaged amount);

1. Application of all Acts and subordinate statutes to investigation reports (informant credit information inquiry results), results of credit inquiry, and written consents;

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

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

1. In light of the fact that the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant, and the circumstance in which the Defendant was unable to pay goods to the victim appears to exist, a fine prescribed by a summary order should be reduced somewhat.