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(영문) 서울서부지방법원 2019.10.30 2019고정282
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 2016, the Defendant stated that “AE beauty room operated by the victim D, located in Mapo-gu Seoul Metropolitan Government B and C,” that “The Defendant would sell it to the victim for sale up to 7.90 million won until November 20, 2016, if the Victim 20km 3-4 square meters (at a price equivalent to 6.90,000 won) and red powder 10,000 won (at a price equivalent to KRW 100,000),” and that “The Defendant would sell it to the victim for sale proceeds up to 7.9 million won.”

However, in fact, the Defendant had a debt equivalent to approximately KRW 2 million at the time and did not have any special revenue. Therefore, even if he was paid from the victim for the above bean and the molds powder, the Defendant did not have the intent and ability to pay the sales proceeds to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the bean and the molds of an amount of KRW 7.90,000 from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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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