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Reasons
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(영문) 대전지방법원 천안지원 2016.02.25 2015고정1115
사기
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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

On June 26, 2015, the Defendant sold 14K net gold bars to the victim E operated by the victim D in Nam-gu, Nam-gu, Nam-gu, Nam-gu, Seoul.

“.....”

However, the Defendant had no intention or ability to sell the Defendant’s net gold 14K gold bullion because the content of the net gold was in excess of 10%.

Nevertheless, the Defendant, as above, obtained 790,000 won from the injured party to receive 790,000 won from the gold paper in the same place.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement concerning F in the protocol of suspect interrogation of the police officer;

1. Statement made in the police statement protocol with D;

1. Statement in G self-statement; and

1. Each entry in the purchase ledger ( June 26. E);

1. Each image of the pocket book of the person to be affected, and of the principal set of the body frame of the person to be affected;

1. Application of existing laws and regulations on fakes (No. 1) seized;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant was unaware of the fact that the gold bar sold by the Defendant was a fake to the reason for conviction under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

The charges are denied by asserting that they are facts charged.

However, each of the following circumstances acknowledged by the evidence in its holding, namely, ① the Defendant purchased eight gold bars of similar designs from around 2007 to around 2009 from the Dongdaemun-gu Seoul Dongdaemun-gu, Seoul.

The statement (No. 47, 84, 92 of the investigation record) is difficult to easily understand the process of purchasing a large number of gold bullion as above, and the submission of all materials supporting the fact of purchase is not possible. ② Although the Defendant was residing in the city of Bupyeong-si, he sold a fake gold bullion.

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