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(영문) 서울중앙지방법원 2017.10.18 2017고정2307
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of two years on June 9, 2017 by imprisonment with prison labor for fraud and larceny in the Goyang Branch of the District Court on June 1, 2017, and the judgment became final and conclusive on June 9, 2017.

[2] On December 20, 2014, the Defendant purchased one Otoba (2.7 million won at the market price) in Seongbuk-gu Seoul around December 20, 2014.

“Influenced the victim D.”

However, the defendant did not have any intention or ability to pay the victim the price of Oral Sea (2.7 million won at the market price).

The Defendant, by deceiving the victim as such, seems to have taken advantage of the victim, who is under his control.

In addition, I obtained the pecuniary profit equivalent to KRW 2700,000,000 from Otoba money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs and report on the investigation of the suspect;

1. Criminal records: Application of Acts and subordinate statutes on investigation reports (final confirmation of judgment);

1. Relevant legal provisions and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (calculated of fines in consideration of the fact that the defendant agreed with the victim, the circumstances leading to the instant crime, the history of the Defendant’s punishment, etc.);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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