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(영문) 서울남부지방법원 2016.06.02 2016고정157
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 24, 2014, the Defendant reported on the advertisement posted by the Defendant “in recruitment of translations” on the Internet, and would pay a translation fee to the victim B, “I will pay the translation fee on the agreed date.”

The phrase “ makes a false statement.”

However, there was no intention or ability to pay translation fees.

As such, the Defendant: (a) by deceiving the victim; (b) requested a translation of the amount equivalent to KRW 1,756,000 from October 1, 2014 to November 11, 201 of the same year from the victim; and (c) obtained pecuniary benefits equivalent to the translation fees by not paying the said amount, as shown in the List of Crimes, from October 1 to November 11 of the same year.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on the translation list;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;

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