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(영문) 광주지방법원 2014.12.30 2014고단3566
사기
Text

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

The Defendant: (a) around December 20, 2013, at a sports center operated by the Defendant located in Gwangju-gu, Gwangju-gu, the Defendant sold approximately KRW 10,000,000 to 18,000,000,000 won of the purchase price of the physical equipment owned by the victim. The Defendant paid KRW 10,000,000 to the end of March 2014; and (b) the balance of KRW 8,00,000 until the end of May 2014.

However, the defendant bears the liability equivalent to KRW 300 million, and even if he purchases the physical equipment such as mechanical equipment from the victim due to the lack of any specific property, he/she did not have the intent or ability to pay the price within the agreed time limit

The Defendant, as such, made a false statement to the victim, prepared a contract immediately, and took over all of the sports equipment, etc. during January 2014, but did not pay 18 million won to the police officers, and took property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the crime (Selection of a fine in consideration of the fact that a defendant has deposited a part of the amount, the circumstances of fraud, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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