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(영문) 부산지방법원 2017.11.16 2017고정567
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On September 3, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court on September 3, 2014, and the said judgment became final and conclusive on February 13, 2015.

피고인은 2014. 4. 4. 경 부산 사하구 이하 불상지에서 피해자 에이 제이 네트웍 스 주식회사의 성명 불상의 직원을 통하여 36개월 동안 매월 50,710 원씩 임차료를 지급하는 조건으로 LG 노트북 1대를 임차하기로 하였다.

However, in fact, the Defendant did not have any intention or ability to pay rent even if he rents North Korea from the injured party because there was no particular income in addition to receiving the basic living cost of approximately KRW 400,000 at the time, and it is difficult to meet the living cost with the above supply cost.

Around April 7, 2014, the Defendant: (a) by deceiving the victim as above; and (b) issued one LG Nowon-gu, Busan, the market price of which is equivalent to KRW 1,366,820, to the victim’s dwelling in the Defendant’s dwelling located in the 6-dong 207 Dong-gu, Busan, Seo-gu, Busan, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A written application for smart sirens and a report on investigation (to listen to telephone statements and 85 pages for investigation records);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the pages of previous convictions and investigation records 73 pages);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of 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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