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(영문) 인천지방법원 부천지원 2013.11.29 2013고단3185
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 24, 2008, the defendant was sentenced to a suspended sentence of five months for fraud at the Incheon District Court, which was sentenced to a suspended sentence of one year for fraud, and the above judgment became final and conclusive on February 1, 2008.

Around October 2006, the Defendant told the victim G through F, an employee, to the effect that “The Defendant would pay money under the pretext of the test fee and the expense to enable the operation of the Handphone store in H Station” at the office of the Defendant in the D Station located in Guro-gu Seoul Metropolitan Government.

However, the fact is that E, a defendant, entered into a contract for the acquisition of the right to operate a store in the history of the C, but the management right was transferred on the condition that the unpaid user fee of the C, which is about 600 million won, was paid on or around December 31, 2004, and the KN has terminated the business partnership agreement with the C, E, a corporation, and the right to operate a store in the history, even though the right to operate a store in the history can not be transferred or acquired at will between individuals without the consent of the KN, and there was no intention or ability to allow the KN to operate the store even if it receives money in return for granting the right to operate a store

Around February 5, 2007, the Defendant, by deceiving the victim, received 20 million won from the victim to the account under the name of the Defendant, and acquired 30 million won in total from September 12, 2007 to the victim, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning theG statement);

1. Protocol of the police statement concerning G;

1. Previous records: Application of criminal records and other inquiry reports and investigation reports (report attached to a judgment)-related Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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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