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(영문) 대구지방법원 2015.08.26 2015고정422
사기등
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

1. On September 17, 2013, at the D convenience store operated by the victim C in Daegu-gu Dong-gu, Daegu-gu, on September 17, 2013, the Defendant presented a sports soil with the validity period expired to E by using the fact that the daily lottery cannot be confirmed during a large time period of customers, and that “the head of the Dong-gu, Daegu-gu, Daegu-gu, would bring money later because he well know of the president.”

However, the defendant did not have the intention or ability to pay the price even if the sports earth was reinstated.

The Defendant, as above, by deceiving E, received from E a sports soil equivalent to KRW 410,00,00, from E.

2. A theft Defendant: (a) around 18:42 on Nov. 19, 2013, within the G convenience store located in the Nam-gu Incheon Metropolitan City F, and (b) demanded the victim H to build up an OMR card and request the victim H to sell lottery tickets equivalent to KRW 969,000; and (c) caused confusion in the victim; and (d) changed the number of protoo lottery tickets sold as of the last seven of the protoo lottery, which was prepared in advance, into the number of lottery tickets sold as of the current market price of KRW 100,00,000; (b) one lottery ticket equivalent to KRW 10,000 per one market price; and (c) two lottery tickets equivalent to KRW 4,000 per one market price.

Accordingly, the Defendant stolen the 12th professional soil rehabilitation in the aggregate amounting to KRW 918,00,000 on the market price owned by the victim.

Summary of Evidence

[Attachment 1]

1. Defendant's legal statement;

1. Investigation report (the employee E telephone statement);

1. Answers with fingerprints appraisal results at criminal scene;

1. Photographs (the second criminal fact);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A H statement;

1. Application of the CCTV screen photographs and oil-related Acts and subordinate statutes to the scene of crime;

1. Relevant Article 347 (1) of the Criminal Act and Article 329 of the Criminal Act (the point of fraud and the choice of fines) concerning criminal facts;

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

1. Detention at a workhouse;

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