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(영문) 춘천지방법원 속초지원 2014.11.12 2014고단382
사기
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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

On November 209, the Defendant stated to the effect that “The Defendant shall supply the victim C with all the defensive tools kept in the sea bed and taken out several times,” and that “I will receive the victim’s defense payment in full from the 23th day of the same month to the 60,000 won on November 30, 2009, after receiving the victim’s defense payment from the 1st day of the same month to the 27th day of the same month.” The Defendant stated to the effect that “I will receive the victim from the 23th day of the same month to the 60,000 won per the 1st day of the 1st day of November 30, 2009 to the 27th day of the same month, and pay the victim the full amount of the defense payment.”

However, the fact was, however, intended to use the proceeds acquired by disposing of the defense supplied by the victim for the personal purpose, not for the payment of the proceeds to the victim. There was no particular property or import, and there was no other plan to immediately pay the proceeds as agreed upon except for the preferential payment to the victim. Therefore, even if the victim was provided with defense, there was no intention or ability to pay the proceeds.

As above, the Defendant, by deceiving the victim as above, obtained on November 22, 2009, KRW 70,000,000,000,000 from the victim, which was 70,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Relevant Article 347 (1) of the Criminal Act, the choice of a fine for the crime, the choice of a fine (including the agreement with the victim, and the absence of the same criminal record);

1. Articles 70 (1) 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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