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(영문) 서울동부지방법원 2012.02.23 2011고단2811
사기
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 17, 201, the Defendant, a person who is acting as a sales agent in C, made a false statement to the effect that if the Defendant could not pay the victim E by February 17, 201, which was after the month when borrowing KRW 15 million from D real estate in Seongdong-gu, Sungnam-si, Sungnam-si, the Defendant would sell the FOice 408 at approximately KRW 190,000,000,000 for the highest amount of KRW 50% at Sungnam-si.

However, at the time, the Defendant did not have the intent or ability to pay the borrowed money to the victim or sell the FOs in lots at 50% after the month, although the Defendant entered into the sales agency contract with G and received the sales commission.

As above, the Defendant deceptioned the victim and received KRW 10 million from the victim, namely, from her seat, and received KRW 5 million from the Defendant’s agricultural bank account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the termination of provisional contract;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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