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(영문) 전주지방법원 정읍지원 2013.10.15 2013고정135

사기

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant: (a) purchased the Victim D Egallon II to 2.5 million won; (b) made a false statement that “The Defendant would pay 1.7 million won to the Plaintiff on August 19, 2012,” and “The remaining 1.7 million won will be paid on August 19, 2012.”

However, the defendant did not have the intent or ability to pay any balance like the promise even if he gets a vehicle from the victim.

As such, the Defendant, by deceiving the victim as such, received the above van from the victim in the same place, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;