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(영문) 창원지방법원 2016.05.11 2016고정130
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 3, 2010, the Defendant: (a) purchased approximately KRW 4.5 million, and paid KRW 3 million to the victim, while emphasizing the refluence of the victim D's imported clothing sales store located in Busan Central City, Jung-gu, Busan; and (b) received the same attitude as paying the amount of clothes to the victim; and (c) acquired the clothing.

On August 8, 2011, the Defendant made a false statement to the victim “on the face of the clothing, the Defendant would pay the price immediately” at the above clothing sales store.

However, since the creditor of the defendant, Seoul Guarantee Insurance Co., Ltd. did not have the ability to pay the price even if he/she received a letter of intent from the injured party because the provisional attachment of the defendant's land was not good.

Defendant: (a) had the victim by deceiving the victim as above; (b) had the victim; (c) had been issued a clothing equivalent to KRW 1,250,000,000, in total; (d) had been issued around September 2, 201; and (e) had been issued a clothing equivalent to KRW 6,078,000, in total; and (e) had been issued a clothing equivalent to KRW 9,378,000,000, in total, issued around September 3, 2011.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment (as a whole, the selection of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act [favorable circumstances] / [The fact that the defendant has been punished several times, such as punishment, suspension of execution, etc. due to criminal fraud [the favorable circumstances], the defendant is old, and the defendant repaid one million won to the victim after the summary order.

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