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(영문) 서울중앙지방법원 2017.11.15 2017고정1665
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 17, 2016, at around 18:02, the Defendant: (a) provided the receipt of the same Hphone product purchased at the above store on September 14, 2016; (b) provided the calculating cost C with the receipt of the same Hphone product purchased at the store; and (c) fraudulently acquired the receipt of the same Hphone product purchased at the shop on September 14, 2016, by deceiving the calculation cost to refund KRW 24,900,000 from the above Hphone price, even though the Defendant had not purchased the Hphone HP-DJS150 (fixed 24,90 won) on the same day.

Summary of Evidence

1. Each statement of D and C;

1. A protocol of seizure and a list of seizure;

1. Investigation report (CCTV analysis);

1. Search report and investigation report (specific suspect);

1. Application of Acts and subordinate statutes to a report of investigation;

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

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