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(영문) 서울북부지방법원 2018.11.08 2018고정1413
사기
Text

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

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

Reasons

Punishment of the crime

In order to sell kitchen supplies, etc., the defendant excluded from a business instructor who explains the place and details of publicity and enters into a direct contract with a customer and obtains profits by shipping and delivering goods through an agency.

On May 12, 2017, the Defendant, at a place where it is not known to the Defendant around May 12, 2017, “The Defendant made a false statement to the Defendant to deliver the goods to the customer upon approval from the agent in the name of the victim, because it is not good to image in this industry.”

However, in fact, the defendant had no intention or ability to deliver to the customers with the goods released under the victim's name for their own disposal and use them as living expenses, etc.

As such, the Defendant, by deceiving the victim, had the victim obtain the approval of delivery of 1.4 million won from the agency of “D” located in Gangnam-gu Seoul on the same day, and obtained the delivery of the above bank supplies from the victim and acquired it by fraud. From May 31, 2017, the Defendant acquired the property worth a total of 7.8 million won through the above method until May 31, 2017, such as the list of crimes in attached Form 3.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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. 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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