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(영문) 부산지방법원 동부지원 2017.10.19 2017고단1340
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who has the general right to purchase the Republic of Korea, "E", the Mangnman and ice.

On June 12, 2014, the Defendant made a false statement to the victim “G restaurant operated by the victim D, which is located in the Busan Western District F, that “I will bring KRW 40,000 to the E-affiliated store in the Seo-gu, Busan, the State.”

However, on March 2014, the Defendant sold EM to H the general sales right, and around May 28, 2014, at a meeting with the headquarters headquarters headquarters, the Defendant violated the Korean total sales contract, and the Defendant did not have the intent and ability to run the E member store even if he/she receives the down payment from the injured party, such as holding a consultation to not open any other store before the opening of the existing Busan Metropolitan area.

Nevertheless, the defendant deceivings the victim as above, and acquired 10,000 won per face value as down payment from the injured person on the same day by obtaining four copies of the check in front of the Korean bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of provisional contract, letter of payment, and certificate of check transactions in one’s own check;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (Selection of a fine in consideration of the fact that the criminal defendant recognizes the facts charged and reflects the fact that the criminal defendant has agreed with the victim);

1. Articles 70 and 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;

1. Articles 32(1)3 and 32(2) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation against the applicant for compensation is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal procedure of this case) - The sentencing guidelines are not applicable since the applicant for compensation choose a fine.

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