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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3472
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a household production and sales store under the trade name of the 2 exhibition hall, the 803-D of the Seo-gu Seoul Special Metropolitan City, Seoyang-gu building C.

On August 6, 2015, the Defendant displayed five folds of cans bus materials, which were displayed to the victim B, and then newly produced six strings of cans and bus materials which are different from similar designs and sold in 2,80,000 won.

The victim transferred the amount of KRW 1,974,00 on August 7, 2015, and KRW 525,000 on August 8, 2015, as the price for a 6-one-year cans bus to be newly manufactured at the time of concluding a sales contract with the Defendant, to the E Agricultural Cooperative (Account Number F) account used by each Defendant.

However, the facts revealed, however, that the Defendant, at the time, intended to dispose of the exhibits installed in the above exhibition and transfer the exhibition, was displayed at the above exhibition for not less than four months.

5 The five books were intended to be disposed of in a different place, and there was no intention to perform the contract properly on the other hand because two new spath materials and two iron plates were added to the five books, which are exhibited, and the part which was newly created by the victim, were the 6 single strings of cans and bus materials.

The defendant received 2,499,000 won from the damaged person as the price for a 6-one-year book.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Application of the police statement protocol law to B

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;

1. Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for damages is unclear by the defendant deposit equivalent to the amount of damage).

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