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(영문) 서울동부지방법원 2012.10.09 2012고정2107
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On September 6, 2011, at the “C” store located in Gangdong-gu Seoul Metropolitan Government B, the Defendant made a false statement to the effect that “The victim D wishes to purchase air conditioners, etc. and pay 100,000 won as a down payment at the time of the receipt of the goods, and the remainder will be settled at the time of receiving the goods.” On September 7, 2011, the Defendant visited the above store on September 7, 201 and visited the store to “Not North Korea, etc., additionally purchase the goods purchased, and make payment for the goods with the purchased goods.”

However, even if the defendant purchases electronic equipment, he did not have the intention or ability to pay the cost.

Around September 9, 2011, the Defendant, by deceiving the victim, did not receive 900,000 won in total from the victim, including one cooling house, two kimchi cooling house, two television, two television, two street north-North Korea, one gas train, one opper, one opper, and one laund, but did not pay the price.

2. On November 5, 2011, the Defendant made a false statement to the effect that “The Defendant would purchase home appliances, such as E, such as E, from the victim G at the Fero point in Seoul Gwangjin-gu Seoul Special Metropolitan City, and would pay the remainder after this mold.”

However, even if the defendant purchases electronic equipment, the defendant did not have the intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received the sum of 5,350,000 won from the victim, including one set of Nopt North Korea, one television, one set of food washing machine, one monitor, etc., but failed to pay the price.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police officer's statement about D and G;

1. Application of the Acts and subordinate statutes applicable to complaints filed by D and G;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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