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(영문) 서울중앙지방법원 2014.10.13 2014고정3436

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 2013, the Defendant made a false statement to the victim C’s restaurant located in Sungnam-gu, Sungnam-gu, G, 2013, stating that the victim would purchase air conditioners necessary for his own funeral, and that the victim would purchase air conditioners in advance by remitting air conditioners to the victim.

However, there was no intention or ability to purchase air conditioners even after receiving air conditioners from the victim in advance.

On July 6, 2013, the Defendant received KRW 1,976,00 from the victim to the account of passbook (E) bank in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same record of having been sentenced to the criminal punishment of fines twice for fraud of the same kind as this case, and the decision is made in consideration of the fact that any damage has not been recovered to the victim in this case.

It is so decided as per Disposition for the above reasons.