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(영문) 의정부지방법원 2018.04.04 2018고정139
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On May 2, 2017, around 17:00, the Defendant made a false statement to the effect that “a person who wishes to purchase KRW 1.50,000 by a credit card within the D convenience store operated by the victim B, who intends to purchase KRW 1.50,00 in a cultural gift certificate by a credit card, is not in sales by a credit card,” and that “the Defendant will take charge of a mobile phone and bring about cash.”

However, there was no intention or ability to pay cash even if the victim received cultural merchandise coupons.

The Defendant, by deceiving the victim, received the delivery of KRW 10,00 KRW 10,00 KRW 5,00 KRW 10,00 KRW from the victim, KRW 150,00 KRW.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the B’s written laws and regulations;

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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