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(영문) 부산지방법원 동부지원 2016.03.30 2015고정1537
사기
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

around August 2008, the Defendant became aware of the Victim’s 1537 of 2015 by delivering amper, kitchen instruments, etc. to the Victim’s “C” house operated by the Victim B.

On May 11, 2015, the Defendant concluded that “E” located in Busan Northern-gu D, would supply the victim with a telephone, “4,380,000 won off the face-to-face Ack-ck-ck-ck-ket machine.”

However, even if the defendant received the above amount from the injured party, he did not have the intention or ability to supply the soft machine.

Nevertheless, the Defendant received a total of KRW 4.38,00 from a new bank account (G) in the name of F and acquired it by fraud.

Around March 8, 2015, the Defendant drafted a contract for goods supply, stating that “The Defendant would sell the 6 parts of the high-high-level compact emitting machine to 5060,000 won by the cost of installing the 6 parts of the 7th day of the 50,000,000 won,” to the victim L, at K located in the Busan Shipping DaeguJ around 13:00, around March 8, 2015.”

However, the defendant did not have an intention or ability to supply a emitting machine normally even if he receives five million won from the damaged person.

The Defendant, by deceiving the victim as above, received 5060,000 won from the new bank G account in the name of F under the name of the victim, under the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol against B and L;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 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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