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(영문) 서울서부지방법원 2017.02.10 2016고정1249
사기
Text

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

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

Reasons

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on September 18, 2015.

On July 29, 2015, the Defendant would develop a mobile phone display case desired for the victim E by September 15, 2015, to the victim E, who became aware of through “Amon”, an Internet website, at the D coffee shop located in Mapo-gu Seoul, Mapo-gu, Seoul.

“.....”

However, even if the defendant receives the down payment from the injured party, he did not have the intention or ability to develop the above-mentioned case according to the promise.

The Defendant: (a) by deceiving the victim as above; (b) received money of KRW 2 million from the victim to a new bank account (G) in the name of F used by the Defendant as the down payment on the same day from the victim; and (c) acquired it by fraud.

Summary of Evidence

1. Legal statement of witness E;

1. Investigation report (the function of the display case submitted by the person under investigation);

1. The certificate of transfer confirmation and contract;

1. Previous convictions in judgment: Application of investigation reports (verification of suspect's records of the same kind of crime);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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