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Reasons
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(영문) 대구지방법원 포항지원 2016.10.05 2016고정349
사기
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant was a person who operated C in North Korea-gu B at Port and Port B, and

1. On November 5, 2014, the victim D, who sells dry fish at Busan on phone, saying, “I would immediately transfer the price to the party immediately after receiving the good,” being delivered by the victim with an equivalent of 1920,000 won by telephone to the victim D who sells dry fish at Busan on delivery;

2. The same;

j. 10. A delivery of 1.60,00 won or less by telephone to the victim stating that “if the victim sends a name head, he/she will immediately remit the price to the victim;”

3. The same;

D. On December 15, 198, the Defendant sent 1920,000 won by phone to the victim, saying, “If the Defendant sent an amount equivalent to KRW 19.20,000,000,000,000,000,000,000 won, including the price of the goods immediately prior to the delivery of the goods, was delivered three times in total.”

However, since 2012, the Defendant had a debt of 270 million won in financial rights while operating C Company, and from that time, there was no certain income or property under the condition that the amount of goods to be paid to other transaction parties is 200 million won or more, so there was no ability to pay the amount even if the Defendant received the goods from the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 4,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A list of transactions;

1. Application of Acts and subordinate statutes to investigation reports (verification of credit information inquiry);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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