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(영문) 수원지방법원 2013.07.04 2013고단2110

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around December 18, 2011, the Defendant did not have the intent or ability to pay the price even if he/she orders alcohol and alcohol. Around December 18, 2011, the Defendant did not have the intent or ability to have C work at the Eju store operated by the Victim D (M, 43 years old).

Nevertheless, around 17:00 on December 18, 201, the Defendant sent an attitude that the victim would normally pay the victim’s expenses to EM in the Vietnam-Namnam-gun F, and issued a false statement to the effect that “C will change one million won from the main point of the victim’s operation to the female employee,” and that “C will change from the main point of the victim’s operation to the pre-paid payment to the female employee.”

The Defendant received 485,00,000 won or more from the victim, and obtained 50,000 won or more as a prepaid, and acquired 985,00 won or more as a sum.

2. On December 20, 201, around 20:0 on December 20, 201, the Defendant: (a) took the attitude that the Defendant, despite having no intent or ability to pay the price even if he/she orders the alcohol and the speech; (b) took the direction that the Defendant would normally pay the price; (c) took the disposition of the alcohol and the speech; and (d) obtained a sum of KRW 850,00,00 from the victim to obtain the payment of the said sum of KRW 850,00,00,000 from the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to D or C;

1. Written statements of D;

1. A written confirmation of self-payment;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.