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(영문) 부산지방법원 2013.09.10 2013고정3310
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to ten months of imprisonment with labor at the Busan District Court for the crime of interference with business, etc. and the said judgment became final and conclusive on February 1, 2013.

At around 03:00 on August 21, 2012, the Defendant: (a) received from the said victim the amount of KRW 70 disease (at the market price of KRW 440,000) and the amount of KRW 530,000,000 from the said victim who believed to be true, as if the Defendant would have paid the drinking value by making the said victim a temporary customer and having no intention or ability to pay the said price to the said customer; and (b) obtained the said amount of money from the said victim, namely, from the said victim who believed to be true, the Defendant acquired the said amount of KRW 530,00,00 from the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Invoice;

1. Previous convictions indicated in judgment: Criminal records, previous convictions, results of confirmation, case search, and application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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