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(영문) 부산지방법원 2014.06.18 2014고정373
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Busan District Court, and the judgment was finalized on August 19, 2010.

Around May 30, 2008, the Defendant made a false statement to the complainant C that “it is possible to purchase the half-value of electronic equipment against the visitors, so that it would be 1.2 million won to the half-value.” However, the complainant did not have the intention or ability to reduce the half-value of the Nowon-gu computer.”

As such, the defendant deceivings the complainant, and he received 600,000 won from the complainant, and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report attached to judgments), Busan District Court 2009No3006, 2009No4267 of decisions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where judgment is to be rendered simultaneously with the crime in which judgment becomes final and conclusive);

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