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(영문) 수원지방법원 2016.08.17 2015고단4957
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

【The Defendant, around August 5, 2015, issued the order of 4957 [Attachment 4957] Around August 5, 2015, in the “E EM” operated by the victim D in the sphere C at Suwon-si, the Defendant would be able to purchase the vehicle at the low price, notwithstanding the fact that the Defendant did not have an intent or ability to purchase the vehicle at the low price, so that the Defendant can purchase the vehicle at the half price.

“Falsely speaking, “The Plaintiff shall receive KRW 2,00,000 on the same day from the injured party as the purchase price for the car, KRW 600,000 on the same day, KRW 600,000 on the July of the same month, KRW 1,000 on the same day, KRW 278,000 on the 21st day of the same month, KRW 278,000 on the 24th day of the same month, KRW 4,000 on the 24th day of the same month, KRW 37,000 on the 30th day of the same month, and shall receive KRW 50,000 on the 30th day of the same month, and shall receive KRW 8,75,000 on the total seven occasions on the 8th day of the same month.

【2016 Highest 1793, May 15, 2015, the Defendant: (a) around 11:00, at the “H” Tradton’s product store managed by the Victim G in Suwon-si F, Suwon-si; and (b) notwithstanding that the Defendant did not have an intent or ability to pay the amount of the goods for use, the Defendant would pay the amount to the Defendant two weeks after the Defendant’s credit.

‘Falsely speaking, I received from the injured party a total of 320,000 won from 200,000 won in the market value, namely, 1,000 won in the market value, 200,000 won in the market value, 1,000,000 won in the market value, 1,000 won in the market value, and 3,20,000 won in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to D or G;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is that the Defendant was sentenced to imprisonment for a period of eight months for fraud in 2012, and then the Defendant was released from the prison, and repeated crimes are repeated.

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