(영문) 서울중앙지방법원 2013.12.20 2013고정5971

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(영문) 서울중앙지방법원 2013.12.20 2013고정5971

사기

Text

Defendant shall be punished by a fine of KRW 1,700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 2010, the Defendant made a telephone call to the victim B at a non-sceptic place and made a false statement to the effect that “The Defendant would send the clothing at the later time upon the transfer of the money for clothes, as the funds are insufficient for producing the clothing.”

However, since the defendant had already closed down his clothes production business around June 30, 2010, the defendant had no intention or ability to send the goods to the victim after receiving the clothing payment from the victim as well as the cost of operation and living.

Nevertheless, the Defendant, as above, by deceiving the victim as above, and by deceiving the victim as the price for clothes from the victim on October 20, 2010, the Defendant acquired KRW 1,500,000 from the victim to the account under the name of the Defendant.

2. On October 22, 2010, the Defendant, by deceiving the victim in the same manner as described in the foregoing paragraph (1) and by deceiving the victim, acquired KRW 2,00,000 from the victim to the account under the name of the Defendant as the price for clothes.

3. On January 28, 2011, the Defendant, by deceiving the victim in the same manner as described in the foregoing paragraph (1), and by deceiving the victim, he/she received 2,283,000 won from the victim to the account under the name of the Defendant as the money for clothes.

Accordingly, the Defendant, by deceiving the victim, received a total of 5,783,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol against the defendant, see, e.g., the first right, 27 pages of the investigation record

1. Statement of the police statement concerning B;

1. Entry of a detailed statement of passbook transactions;

1. Application of Acts and subordinate statutes to write down a certificate of fact;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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