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(영문) 서울북부지방법원 2017.06.09 2017고정318
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant had no intent or ability to pay the price, even if he/she is supplied with the originals of the factual clothes, as a person who operates the clothing manufacturing business under the mutual name “C” on the Seoul Jung-gu B and the third floor.

Nevertheless, on January 21, 2016, the defendant would pay the amount to the victim D within one month, if he/she delivered the clothing to the victim D at the above factory office.

“Falsely speaking, the amount was supplied from the injured party with an amount equivalent to KRW 7,207,50 on the Sheet market price of KRW 4,805,00, not paid.

On February 3, 2016, the Defendant continued to create other clothes by telephone.

The sum of the first half of March shall be paid to the first half of March, if the first half of the month was delivered.

“Along with the supply of an amount equivalent to KRW 27,595,590 from the injured party’s 13,275 gate of the clothing, “Along with the supply of the amount equivalent to KRW 18,080,000, the amount of the gate of the clothing was not paid.” As above, the gate of the clothing 18,080 gate of the clothing 34,803,090 on a total two occasions, and the gate did not pay the amount, thereby taking economic benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the complaint (including attached materials);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for 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;

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