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(영문) 광주지방법원 2014.11.28 2014고단3596
사기
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 2,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On May 2, 2012, the Defendants, who entered into a business agreement with the Fund in Seo-gu, Seo-gu, Seo-gu, Gwangju, concluded a rental agreement with the Fund in charge of the settlement of disputes, concluded that they would normally pay rental fees after drawing up a rental contract with a rental fee of KRW 139,100 for 48 months, 1st of TV (the product name: 5ES7020-S) equivalent to the market price of KRW 4,452,00.

However, the defendants did not have any capacity and intention to pay rental fees even if they receive TV from the GG company which is the victim.

The Defendants, at the same time, departed from 1 set of TV equivalent to the market value of KRW 4,452,00 (name of the goods: 55ES7020-S) from the victim and sold TV to 4,452,00 for the purchase of pecuniary benefits equivalent to KRW 4,452,00 from the victim.

2. On May 31, 2012, the Defendants made a siren contract with I located in the Dong-gu, Gwangju-gu, and made a false statement to the effect that one of the TV (name of goods: WN5ES7020) equivalent to the market price of KRW 4,980,000 from the victim L, which entered into a business agreement with the L-gu, the L-gu, Gwangju-gu, with the L-gu, and paid KRW 15,600 per month for 48 months, and would pay a rental fee normally.

However, the defendants did not have any capacity and intention to pay rental fees even if they receive TV from the GG company which is the victim.

The Defendants, at the same time, extracted from the victim a set of TV equivalent to KRW 4,980,00 at the market price of KRW 4,980,00 (name of goods: WN5ES7020) and sold it to the victims of the false statement, and acquired pecuniary benefits equivalent to KRW 4,980,000 from the victims of the false statement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the G Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Each selective fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, respectively, for the detention in the workhouse: the defendant reflects the crime of this case, and the defendant has the same criminal history.

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