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(영문) 광주지방법원 해남지원 2019.07.18 2019고정61
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2018, the Defendant made a false statement to the effect that “The victim would purchase 15,000 g 140 g g g 15,000 g 1,00 g 1,000 g 1,00 g 1,000 g 1,000 g 1,000 g 1,000 g 1,000

However, at the time of fact, the Defendant did not have any intention or ability to pay the price even if he received a reply from the victim because, in the absence of any particular income, the Defendant was able to perform his existing obligation with the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) did not pay the amount of money to the victim despite the receipt of 140 km of the 3.3 million Korean Won on the same day from the victim; and (c) obtained financial benefits equivalent to the same amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the selection of a fine (the fact that the amount acquired by the defendant is not a large amount, the fact that the defendant promises to pay the price several times in return for the promise to do so, the fact that the defendant commits a mistake, the fact that the defendant pays 40,000 won to the victim on or around May 1, 2019, and the fact that the defendant has a record of being punished once for the same crime

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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