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(영문) 대전지방법원 2017.11.03 2017고정1134
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant does not have the intent or ability to pay the price even if the Defendant received the victim B’s clothing;

A. On May 26, 2017, at D stores operated by the victims of large-scale C during the period of large exhibition on May 26, 2017, “The price will be paid by transferring it to the house and to the account.”

“A false statement to the effect that it is obtained from the injured party a half-sale of the amount of KRW 52,000 from the injured party and acquired it by fraud;

B. On May 28, 2017, around 10:30 on the same method, the Defendant obtained a letter of intent equivalent to KRW 198,000 at the market price, such as 3 points for verification coloring in the above store, 4 points such as wheelers, verification coloring, and verification color 2 points, and acquired pecuniary benefits equivalent to the above amount by obtaining a letter of intent equivalent to KRW 250,000 on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to a report on investigation (verification as to whether the amount of damage is returned);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as identical to the disposition in consideration of the following: (a) the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not have a few criminal records who were punished for the same kind of crime; and (b) no particular materials are submitted to recognize

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