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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단2603
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On November 7, 2013, the Defendant would pay the victim D with the money that he/she would have to borrow. The Defendant would have lent to the victim D the money that he/she would have to pay to the director.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the victim due to the lack of any property or income.

The Defendant, as such, by deceiving the victim, received KRW 5,00,000 in total from the damaged party on the pretext of a loan, KRW 1,500,00 in total, and KRW 7,100,00 in the name of the damaged party on November 2013, and KRW 600,00 in the name of the date on December 2013.

2. On April 9, 2014, the Defendant: (a) sold goods on credit on the face of the health functional food to the above victim under the Da, 5 Dong 1002, Annsan-si, Annsan-si, Annsan-si; and (b) sold such goods on credit.

The phrase “ makes a false statement.”

However, even if the defendant sold goods by delivery from the injured party, he did not have the intention or ability to pay the price.

As such, the Defendant was issued functional health foods equivalent to KRW 1,120,50 in total, five times from that time to May 25, 2014, including functional health foods, which had been issued from the victim’s deception to the victim’s location at the market price of KRW 1,120,50 in total.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Statement made by the police against D;

1. Complaints, loan certificates, copies of books of delivery of functional health foods, and credit reports;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not have any particular history of punishment in addition to being sentenced to a fine on one occasion for traffic crimes.

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