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(영문) 서울중앙지방법원 2017.12.22 2017고단7347
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, around January 13, 2017, at the “E” clothes store operated by the victim D in Seocho-gu Seoul Metropolitan Government, around 14:30 on January 13, 2017, the Defendant would sell the clothes to the victim of the “E,” and pay the victim a price within one week, who sells the clothes to the part of the Plaintiff who is in the main face of the clothes.

“......”

However, without any particular property at the time, the defendant was instructed to demand the repayment of the obligation under the circumstance that he bears the obligation of 400 million won or more, so even if he received clothes from the injured party, he was thought to use them as repayment of the obligation, and there was no intention or ability to pay the cost to the injured party by selling clothes.

As above, the Defendant: (a) by deceiving the victim; (b) obtained, from the victim, a male minck, which is equivalent to KRW 3,500,000,000 in the market value; (c) minck 1,50,000 in the market value; (d) 2,50,000,000 won in the market value; (e) minck 1,450,000 won in the market value; and (e) minck 1,50,000,000 won in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol made by the police with respect to D or F;

1. Application of the respective laws and regulations on the entry of clothing items to the payment for goods;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act is that the defendant committed the crime during the period of repeated crime; the defendant did not have any record of punishment for the same crime; the confession of the crime; the value of the acquired goods of this case is not significant; the value of the acquired goods of this case is not significant; taking into account the favorable circumstances that the defendant agreed with the victim; and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, shall be determined as ordered.

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