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(영문) 대전지방법원 2017.05.19 2016고정1521
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 2, 2016, the Defendant was sentenced to two years of imprisonment by fraud, etc. at the Daejeon District Court on November 2, 2016, and such judgment became final and conclusive on November 10, 2016.

From January 15, 2015 to March 10, 2015, the Defendant would pay the victim the amount from “E” to “E of the victim D operation in Seo-gu Daejeon, Seo-gu, Daejeon to deliver the victim with flinter, reproduction machine, earth and sand, abandonment, etc.

On the other hand, in return for the promise of six times the amount equivalent to KRW 1,980,00 has been leased.

However, the defendant did not have the intention or ability to pay the above payment even if he was supplied with computerized office supplies, such as a printer.

Ultimately, the Defendant, by deceiving the victim as above, did not pay 1,770,600 won out of the amount of the goods to the victim, and did not return a reproduction amounting to KRW 1,980,00,000, thereby acquiring financial benefits equivalent to KRW 3,750,60.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police against D;

1. Previous records: Application of the statutes governing judgment and search output of each case;

1. Relevant Article 347 (1) of the Act concerning the facts constituting an offense and the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;

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