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(영문) 서울남부지방법원 2016.08.11 2016고정1595
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From July 2012, the Defendant, from the perspective of Seoul Guro-gu’s operation of the victim FF, agreed to receive 40% of the credit card sales from the injured party to receive the Defendant’s profit while operating a singing practice room with the delegation of the operation of the Defendant, and agreed to receive the Defendant’s profit. However, despite the fact that the payment of credit card sales did not occur in order to obtain a large amount of revenue, the Defendant had the Defendant’s credit card sales first made payment with the Defendant’s credit card sales as if the sales occurred, and received the Defendant’s credit card sales at 40% of the credit card sales by deceiving the injured party,

On July 2, 2012, the Defendant, at the above “G Singing Singing Practice Center”, led the victim to settle KRW 200,00 with the Defendant’s credit card sales, and then, received 80,000,000,000 from the damaged party’s 40% of the sales of the credit card, and then canceled the credit card sales from the damaged party to March 31, 2015, and then canceled the sales of KRW 19,084,00,00 in total from the above day to March 31, 2015. The Defendant received 40% of the false sales from the injured party and received 7,63,600,00,000 won as stated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement concerning the defendant in the suspect interrogation protocol against each prosecutor;

1. A detailed statement of card sales;

1. Application of Acts and subordinate statutes to inquire about approval for domestic trade;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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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