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(영문) 의정부지방법원 2016.03.25 2015고단3438
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a film-rating factory with the trade name of C.

The Defendant, around 14:00 on January 19, 2015, in the F plant in the operation of the victim E located in Yangju-si, requires the victim to use “Telte machine (a machine in contact with polyscopher on polyscopher film) to use in the film orcopting plant” (a machine in connection with polyscopher film), and would sell the victim’s factories on credit, the Defendant would offer 20 million won as the price of the Melte machine in the above franchise in the above franchise in the above case of the victim’s factories after four months.

“.....”

However, even if the defendant's operation company's financial position at the time is not good, even if it is purchased on credit a elt machine from the injured party, it is thought that it would be sold to G operator G operator in Kimpo-si who want to be involved in the above elt machine instead of the defendant's factory without the defendant's intent to use it in the factory, and there was no intention or ability to pay the above elt machine price to the victim, which was already partially accepted on January 17, 2015.

As such, on January 19, 2015, the Defendant, by deceiving the victim, was issued a elutic machine equivalent to KRW 20 million at the market price from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes to written confirmation;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

The fact that the defendant led to the confession of the crime from the investigative agency to the court is against the law, that the defendant paid the machinery to the victim in full after the prosecution and agreed to do so, and that there is no criminal record of the same type of fine or any criminal record of the suspension of execution.

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