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(영문) 창원지방법원 마산지원 2018.11.15 2018고정230
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On May 12, 2016, the Defendant was sentenced to a suspended sentence of one year for a special intimidation in the Seosan Branch of the Daejeon District Court for six months, and the judgment became final and conclusive on May 20, 2016.

When the Defendant sent 1 rollls to the “D” office operated by the victim C in Kimcheon-si, Kimcheon-si, in May 2013, the Defendant sent the 1strawls for building by posting a telephone to the “D” office, the price would be paid immediately after receiving the goods.

A false statement was made.

However, the defendant did not have the intention or ability to pay the price even if he received the above goods from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 1 roll of 80,000 won of the market price from the victim.

Summary of Evidence

1. Part of the statement of the police suspect interrogation protocol against the defendant

1. Statement made by the police against C;

1. C Complaints;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, etc.; application of the text of judgment bound in the public trial records; and general contents of the case;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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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