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Reasons
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(영문) 인천지방법원 2018.07.19 2018고정908
사기
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant organized an organization of “D” as a non-profit corporation (including approximately 68 members), a non-profit corporation in the Incheon-gun C Market Co., Ltd., and was the chairperson of the said merchants’ meeting from December 2009 to November 201, 2013.

The Defendant, on 2012, sold ancient and miscellaneous grains in a high-water market.

E’s death and death of E without conducting funeral services for a period of time, and the victim F, his or her husband’s wife around November 29, 2012, and the above E’s old store.

Although the job is substantially worth approximately KRW 6 million and the membership fees and management fees in arrears of the above E are approximately KRW 400,000,000, it is difficult for the victim to operate the market due to the mother's occupation.

Around March 2014, 201, the right to manage a job has a value of KRW 3 million. In addition, the mother’s delinquent membership fees, management expenses, etc., offsets up to KRW 2.5 million, and the difference means that the mother will receive and process the difference of KRW 500,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 5,100,000,000 from the difference in the market price for the above occupation.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Part of the statement of H among the protocol of interrogation of the suspect of H, the defendant, or I to the prosecution, and the protocol of interrogation of the suspect of H to the prosecution (No. 278 pages, No. 1, 278);

1. Statement by the police against J and statement by the police against G;

1. Application of F’s written confirmation-related Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. Article 62(1) of the Criminal Act (the defendant.)

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