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(영문) 서울서부지방법원 2012.11.29 2012고정1501
사기
Text

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

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

Reasons

Punishment of the crime

1. Around May 9, 2011, the Defendant made a false statement to the victim at the victim’s home of Gangseo-gu Seoul Metropolitan Government CBD 302, stating that “B would sell cosmetics to B by the end of May.”

However, even if the defendant received cosmetics from the victim, he did not have the intention or ability to sell them normally, and even if sold cosmetics, he did not have the intention to deliver the proceeds to the victim properly.

As such, the Defendant, by deceiving the victim, received cosmetics equivalent to KRW 4,720,00, such as Acream and US Cream on the same day from the victim, and received cosmetics equivalent to KRW 5,396,50,00, such as Acream, around the 10th of the same month in the same manner, and received cosmetics equivalent to KRW 2,90,000, such as Soviets, around the 18th of the same month.

2. On May 15, 2011, the Defendant stated that “Around May 15, 2011, the Defendant would pay back the clothes that the victim would have brought to sell at the same place as the above 1.1.”

However, there was no intention or ability to pay the price normally.

The Defendant, as such, by deceiving the victim, received from the victim a delivery of the victim of the same day the amount of KRW 3.60,000,000, south, diving, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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