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(영문) 서울동부지방법원 2016.08.30 2016고정643
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At the end of September 2015, the Defendant made a false statement to the victim B to the effect that “The Defendant would operate a Kakao Stockholm shop in Seoul, and to open the shop immediately to the shipping unit, and to the 1.680,000 won at the department store, the Defendant would deposit the 4.60,000 won of the Kakababa, which would amount to KRW 1.1.60,000.”

However, there was no intention or ability to seek money from the injured party even if he/she receives money from the injured party because he/she did not operate a master shop and was willing to use money from the injured party for the purpose of living.

On October 9, 2015, the Defendant acquired 460,000 won from the damaged person by remittance as a advance payment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes on filing a petition and internal investigation report (Stockholm text attachment);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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