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(영문) 의정부지방법원 고양지원 2016.07.15 2016고정443
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On March 27, 2015, the Defendant received a license with the trade name “C” on the eightth floor of the building B in Pakistan-si, Pakistan-si.

Defendant 1 placed an advertisement that, despite having no intent or ability to operate the insignia despite receiving annual fees from the members using the foregoing rank, Defendant 1 belonged to the victims as if he had been unable to do so, and that he opened the insignia through the leaflet, etc.;

1. Around January 27, 2015, at the Defendant’s office located on the 8th floor above the building B, the victim D who reported the advertisement leaflet and found it an advertisement leaflet for a year, prepares a usage fee contract for a period of one year, and obtains it by fraud by receiving KRW 420,000 in advance payment;

2. On April 4, 2015, the victim acquired 360,000 won from the victim E in the same manner at the same place as above.

Accordingly, the defendant obtained a total of KRW 780,000 by receiving a prior deposit of KRW 780,000 through two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

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. 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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