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(영문) 서울동부지방법원 2013.07.09 2013고정914
사기
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 24, 2012, the Defendant made a false statement to the effect that “A” office located in the Northern C in China, the Defendant would make payment not later than August 30, 2012 after entering Korea, with the payment of USD 16,790 in lieu of payment, to the victim E who is a Chinese national.”

However, in fact, even if the victim made the victim pay the obligation on behalf of the defendant, there was no intention or ability to pay it as the victim promised to do.

The Defendant, by deceiving the victim as such, had the victim, who is the creditor of the Defendant, paid 10,000 won to F, the creditor of the Defendant, on behalf of the Chinese People's Republic of China ($ 16,790,000, KRW 20,000,000, KRW 200,000).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes excluding cash payments;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In full view of the following: (a) the amount of damage caused by sentencing under Article 334(1) of the Criminal Procedure Act does not specify the reason for sentencing; and (b) there are circumstances in which E would take into account the situation of vicarious payment; (c) the commission of the crime is divided; and (d) there are no records of the same kind in this case, the sentence like the disposition shall be imposed

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