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(영문) 대전지방법원 2015.07.08 2015고정599

사기

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of trading double-phones.

On October 20, 2014, the Defendant posted a notice on the Internet website stating that he/she sold a “deficial change” G3 mobile phone at KRW 563,00,000, which can immediately change the name to a purchaser, at a medium- and high-speed mobile phone sales business establishment with the trade name “C” operated by the Defendant located in Seo-gu Daejeon, Seo-gu, Daejeon. Around six months after the mobile phone opening, the Defendant obtained pecuniary benefits equivalent to the said amount by selling the G3 mobile phone at KRW 563,00,00, to the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Written complaints, statements and data of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing penalty] Article 334(1) of the Criminal Procedure Act (amended by a fine of not more than 20 million won] The sentence of a fine of not more than 20 million won can be imposed, the Defendant’s age, occupation and environment, the circumstance of the instant crime, details and circumstances after the commission of the crime, etc. was considered in consideration of the sentencing conditions stipulated in Article 51 of