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(영문) 부산지방법원 2012.10.18 2012고정3577
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 10, 2008, the defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on February 12, 2009, and the judgment became final and conclusive on April 15, 2010, and was sentenced to one year of imprisonment for fraud at the Busan District Court on April 15, 2010, and the judgment became final and conclusive on August 19, 2010.

On May 2008, the Defendant had no intention or ability to purchase the above mobile phone at the Busan City bank located in the Seocho-dong, Busan, to purchase the apartment unit amounting to KRW 400,000,00 from the victim B.

Nevertheless, the defendant deceivings the victim as such and acquired 400,000 won as the price for the goods from the victim, that is, the defendant received from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Complaints and police statements concerning B;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes as a result of case search;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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