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Reasons
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(영문) 광주지방법원 2016.07.06 2016고정802
사기
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1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

1. On January 6, 2008, the criminal defendant against the victim B made a false statement to the effect that the victim B, operated by the victim B, who was in Pakistan, wanting to purchase head pin, now, he/she would offer money to the victim.

However, in fact, the Defendant did not have any money remaining when he paid the advance payment with profits earned in the entertainment establishments. Therefore, even if he purchased head pin from the above victim, he did not have any intent or ability to pay the advance payment.

As such, the Defendant, by deceiving the above victim, received head pin equivalent to KRW 6,00 on the same day from the above victim, and acquired 5,32,000 through 17 times from January 20, 208, as shown in attached Table 1, as well as from January 20, 208.

2. On July 6, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the card price after filing an application for the Hyundai Card Scam Card and paying it with the approval of the company, in that he/she was the victim’s bar located in 21-1, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.”

However, in fact, the defendant purchased the goods and returned money, and there was no intention or ability to pay the card price.

The Defendant, as such, by deceiving the above victim, obtained the electronic equipment equivalent to KRW 4,000,000 from the above victim, including LED TV equivalent to KRW 800,00,00, from the above victim, and obtained the delivery of electronic equipment equivalent to KRW 4,00,00,00, as shown in attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement protocol related to B, bill of accusation of F of the police statement protocol related to E;

1. Application of Acts and subordinate statutes on the details of sales of taxes;

1. Article 347(1) of the Criminal Act (including Articles 347(1) and 347(2) of the Criminal Act as stated for the crime committed by each victim) and Article 347(1) of the choice of each fine.

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