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(영문) 대구지방법원 2018.07.12 2018고정471
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, under the trade name of “B,” engaged in freezing fishery products wholesale and retail business; the victim C is a trade name of “D; E is a trade name of “F; G sells freezing fishery products to the Defendant with the trade name of “H”.

On August 16, 2017, the Defendant ordered the goods, but did not have the intent or ability to pay the price within the agreed time limit, and acquired financial benefits equivalent to the same amount as the Defendant did not pay the said price to the victim C, which was located in the Daegu Northern-gu I, Daegu-gu, Seoul, for a few days. The Defendant ordered 90 amblings and 50 amblings at the same time, and the Defendant was ordered to receive 2.2 million ambling and ambling from the victim C, as well as receiving ambling and amblings equivalent to the amount of KRW 2.2 million from the victims, by deceiving the victims as in the crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of each police statement protocol to C, E, and G

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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. In consideration of the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is three victims, and that the goods did not pay the price for the instant goods even if the goods were not enough to commit the instant crime due to the lack of goods, it is reasonable to impose a fine of three million won on the Defendant.

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