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(영문) 서울중앙지방법원 2018.07.11 2018고정30

사기

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The Defendant, around August 18, 2017, at the “D’ office for the Defendant’s operation of the first floor of Jongno-gu Seoul Metropolitan Government Jongno-gu C building 23 around August 18, 2017, sent the victim E to the victim E by visiting three gress and selling one half at a low conference.

“The content was false.”

However, in fact, the Defendant was in the state of 100 million won or more, and the Defendant did not have any intent or ability to sell it even if he was delivered to the injured party, because he was able to use his personal debt after lending the money by using the counter-inform.

Around August 25, 2017, the Defendant: (a) deceiving the victim by such means as above; (b) obtained the delivery of 30,000,000 won or more at the market price from the victim; (c) by deceiving the victim in the same manner at the above place; and (d) received delivery of 10,000,000 won or more at the market price from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of investigation report (F's telephone statement) and investigation report (referring to the statement by a reference person G phone) Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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