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(영문) 부산지방법원 2013.08.22 2012고정5492
사기
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant was a person who was working as a C mobile phone sales store.

The Defendant, at the above-sale store around September 13, 2010, sold 90,000 won with one smartphone (E) to the injured Party D, and when the victim paid 200,000 won as security deposit to the Chinese passenger, if the victim paid 200,000 won to the Chinese passenger as security deposit due to the establishment of the line, he/she received the deposit in cash at the seat of the second year after the termination of the period.

However, the fact is that from June 25, 2010, a foreigner's opening of a mobile phone from around June 25, 2010 to pay 20,000 won from 200,000 won is changed and it is not allowed to receive 20,000 won from the complainant.

Nevertheless, the Defendant, as a foreigner, should pay KRW 200,000 according to the line, made a false statement that the Defendant should pay KRW 200,000,000 from the victim, and received KRW 20,000 from the victim for the purpose of deposit, and paid KRW 180,000 among them to the SK Customer Center for the purpose of deposit.

Summary of Evidence

1. Legal statement of witness D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to apply for a Handphone;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 of the Selection of Punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence (including the fact that there is no particular criminal history against the accused, and the amount

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