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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 10, 2017, the Defendant would purchase the goods from the auctione and offer them to the victim E by telephone at the hearing site, and if the auction is conducted, the goods will be purchased from the auctione.
The contract deposit shall be sent to the person who will receive the auction;
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The term "the down payment shall be sent from the damaged person" with the words "the down payment".
In order to inform the date of auction, “The horses will be made available for them, and on January 14, 2017, at a place where it is impossible to identify the exact point of time (hereinafter referred to as “the window of Changwon-si”) from the window of Changwon-si, the date of auction.”
In the event that the down payment is 9 million won and the down payment is sent to 5 million won, it is false to conclude the contract.
However, there was no intention to execute a provisional contract with a person who will immediately sell the machinery with money even if the defendant receives money from the injured party, such as that he did not enter into a contract with a person who will receive an auction of the machinery at the same time on January 14, 2017.
Nevertheless, the Defendant, as seen above, was accused by deceiving the victim and transferred from the victim, the amount of KRW 5 million on January 14, 2017, and KRW 4 million on January 23, 2017, to the criminal administration account of the Defendant, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes, such as a mechanical sale contract (No. 11) and a copy of the passbook (Evidence List No. 13);
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;