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(영문) 서울남부지방법원 2007.09.12 2007고정1288
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was a person who imported and sold a pet device with the trade name “C” in Dongjak-gu Seoul Metropolitan Government, and around March 20, 2004, the facts are as follows: (a) around March 20, 2004, the Defendant did not have the intent and ability to purchase the victim D's pet items of Germany; (b) the victim did not have the ability to purchase the pet items of Germany, and (c) by deceiving the victim by deceiving him/her of “the price to be paid in advance as he/she imports and supplies the pet items of Germany,” and then deceiving him/her from the victim to the E bank account of the Defendant, KRW 12 million around the same month;

4.1.Before January, 2000 won, 50,000 won around June of the same month, 50,000 won around July of the same month, 1.00,000 won around August of the same month, and 1.00,000 won in the Defendant’s F Bank Account.

4.1.Around 1.5 million won, he/she received a total of KRW 16.5 million from each remittance.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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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