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(영문) 부산지방법원 2017.04.13 2016고정1031
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 16, 2014, the Defendant would pay the victim KRW 2 million in cash to the victim's off-to-face deposit with a medium-to-face stamp installed at the victim's office operated by the victim D on May 16, 2014, and pay the remainder KRW 3 million in the amount of KRW 1 million each month for three months.

“The purport was to the effect that “.....”

However, the defendant did not have any particular property or income at the time, while the Chinese house, which was trying to operate at the time, was loaned money to others, and thus there was no intention or ability to pay the price even if he purchased the rent from the injured party.

The defendant deceivings the victim as above and received a delivery of 5 million won or more of the market price from the injured party.

Summary of Evidence

1. Entry of a defendant in part in the sixth public trial records;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of an alternative fine for punishment;

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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