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(영문) 광주지방법원 2016.05.25 2016고정648
사기
Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a person who conducts bonds, days, or days.

The defendant had no intention or ability to pay the price of cosmetics even if the damaged person sells cosmetics.

Nevertheless, on November 26, 2015, the Defendant falsely stated that “the Defendant would purchase basic cosmetics 2,10,000 won and transfer them to the account until December 1, 2015,” and that “the Defendant would make settlement in cash on the phone to the same victim on the phone that he/she purchased the cosmetic from the victim B (33 tax, female) who sells the cosmetic in the Ildong-dong, Gwangju-gu, Gwangju.” On December 26, 2015, the Defendant made a false statement that “the Defendant would make settlement in cash on the face of the purchase in lieu of the 615,000 won.”

As above, the Defendant was issued cosmetics equivalent to the sum of KRW 825,00,00, such as the basic cosmetics and massages, by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols (one time, two times) applicable to each police statement made in B;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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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