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(영문) 부산지방법원 2016.04.28 2016고정629
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 20, 2015, the Defendant: (a) at the Defendant’s house located in Busan B, the Defendant purchased Doro XTC bicycle; (b) deposited 550,000 won to the victims C; and (c) purchased elma 715D bicycle of an amount of KRW 350,000,000,000,000 in remainder; and (d) disposed of 1 bicycle at the Plaintiff’s home located in the Plaintiff’s house located in Busan B, the Defendant concluded that he would seek the said bicycle without a c.80,000,000,000 won in more deposit.

However, in fact, the defendant was paid the above payment from the victim at the time, and there was no intention or ability to sell the above Kao K1 bicycle at the time of the above refund.

On January 26, 2015, the Defendant, by deceiving the victim, received 3,80,000 won from the victim to the national bank account (D) in the name of the Defendant on January 26, 2015 and acquired 5,80,000 won in total.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to C;

1. Application of Acts and subordinate statutes concerning communication between each deposit receipt and mobile phone text messages;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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