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(영문) 서울서부지방법원 2014.07.18 2014고정879
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 2012, the Defendant stated that “The Defendant is a person who runs golf club sales outside the golf club sales business, and the victim E, who runs an advertising agency business in the B golf club office located in Seocho-gu Seoul, Seocho-gu, Seoul, would be willing to run an advertisement to recruit members of the B golf club. If the Defendant posted one full-time advertisement in F, he would pay 2.75 million won for the advertising fee within 2 weeks after the advertisement is published.”

However, in fact, the Defendant did not have any intent or ability to pay advertising expenses, such as publishing advertising advertising in an uncertain situation where golf membership proceeds from sale in lots are uncertain even if advertising is published, to the extent that the property status is not good to the extent that the sale in lots will proceed to auction.

Therefore, the defendant's aforementioned deception was obtained financial benefits equivalent to the above amount because the victim did not pay 2750,000 won advertising fees, although the victim had placed a full-time advertisement for the membership of a golf club on the 13th page of the same month on the 22th day of the same month.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of text);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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