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(영문) 서울중앙지방법원 2017.08.23 2017고정1688
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On February 17, 2015, the Defendant made a false statement to the victim B, who operates a guest agency service company at a place where it is unknown at around 15:00 a place where it is unknown, that “The number of people is 10 persons, 100 persons are required, and the agency expenses are paid immediately without down payment.”

However, the defendant did not have the intention or ability to pay agency expenses even if he receives the customer agency service.

As such, the Defendant: (a) by deceiving the victim; (b) received a guest agency service from the victim; and (c) did not pay KRW 4.3 million to the victim; and (d) obtained pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs by filing a complaint, an event agency contract, and capturing e-mail;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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