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(영문) 수원지방법원 2016.11.16 2015고단4288

사기

Text

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

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

Reasons

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch, and the parole period was expired on January 29, 2010 during the execution of the sentence and on February 21, 2010.

around May 201, the Defendant: (a) stated in the written indictment that he/she could sell 2 points of curios owned by the victim E (one point, one point, and one point, one point) by the victim E; and (b) stated that he/she could sell “10 million won” to “10 million won.” However, according to the witness E’s testimony, the Defendant is found to be aware of the fact based on the aforementioned testimony, since he/she is only a fling fact with “10 million won.”

However, this is merely a reason for deception, and it does not make any judgment of innocence separately.

However, the facts did not have the intention or ability to sell the said curios to several million won, and even if they sold curios, there was no intention or ability to pay the price to the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received two points of curios in the market value around September 29, 201 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness E;

1. Some of the interrogation records of the accused by the prosecution;

1. Application of some of the written Acts and subordinate statutes to E of the police statement protocol;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that, as if the defendant had no intention or ability to sell, he would have been able to sell at a considerable amount, he would not have committed a crime by bringing two kinds of curios. However, there is no data showing the objective market price of two points of the above curios, and the victim E merely takes charge of the above curios for the repayment of claims from F.