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(영문) 수원지방법원 성남지원 2017.01.12 2016고정1145
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

On May 26, 2015, A entered into a lease agreement on the condition that the monthly rent of KRW 129,500 is paid by 39 months each month on the 5th day of May, 2015, at the PC room located in Sungnam-si, A called “the market price of KRW 5,050,50,000 by calls from the sales agency of the victim Sofland Co., Ltd. to the sales agency.”

However, the defendant did not have the intention or ability to pay monthly rent even if he left the above inside, and was willing to dispose of the above inside person and prepare funds necessary for the repayment of debts, etc. from the beginning.

As such, on May 29, 2015, the Defendant: (a) by deceiving the victim; and (b) received delivery from the victim of the damage, of one person at the level equivalent to the above market price.

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 Acts and subordinate statutes to accusation, summary statement, confirmation letter, each photograph, siren statement of non-payment, sales text, and photograph;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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