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(영문) 부산지방법원 2015.10.15 2014고정5480
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 9, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on February 12, 2013.

Around 17:00 on May 20, 2012, the Defendant made a false statement that “The Defendant would purchase the main body of a computer equivalent to KRW 1,500,000 to KRW 1,00,000” to the victim in the Southern-gu Busan City Epic zone operated by the victim D.”

However, even if the defendant receives the payment from the victim, there was no intention or ability to purchase the body of the computer.

The Defendant received 1,000,000 won from the victim, namely, a computer purchase price, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Previouss before and after judgment: Criminal records, court rulings (the Busan District Court Decision 2012Jand 6254) and application of Acts and subordinate statutes of the case inquiry;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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