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(영문) 인천지방법원 2016.11.18 2016고정2630
사기
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has served as a business director of “C” as a credit card terminal sales business entity.

Although the Defendant did not have the intent or ability to install a credit card device, he had the victim D installed the device, and had the victim prepare an installment payment agreement, thereby having the victim receive the payment from the installment financing company.

On June 18, 2015, the Defendant made a false statement to the F Office for the Operation of the Victims located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, stating that “If a contract is made, the confirmation telephone is made at the Samsung head office, and the credit card device can be paid and installed at Samsung that should have been received the device,” the Defendant made a false statement to the victim, stating that “In spite of no intent or ability to install a credit card device at the coffee shop that the victim opens, the Defendant may make it possible to make confirmation telephone at the Samsung head office, and that the contract was directly made and the credit card device was paid and installed.” At that time, the Defendant made a false statement to the victim to pay 2.1.60,000 won of the price of the Samsung Card Co., Ltd. and the credit card device in installments for three years, and then submitted the written agreement to the C&C credit card Co., Ltd., a company that moves to the Samsung Card Co., Ltd., Ltd., and transferred it to the Defendant’s account (hereinafter referred to 103,53).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Installment agreement;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the reporting of confirmation, such as the amount of hire, etc.);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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