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(영문) 부산지방법원 2013.12.06 2013고정4004
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Act at the Busan District Court on March 1, 2013 and the judgment became final and conclusive on March 1, 2013.

On August 11, 2011, the defendant made a false statement that "the defendant would pay the price immediately following the following day when he/she supplied kimchi to the victim C, which is operated by the victim C in Busan Dong-gu, Busan."

However, at the time, the defendant did not have any particular property, and since the kimchi supply business operated by the defendant was operated by the enemy, there was no intention or ability to pay the price even if he was supplied with kimchi from the victim.

As above, the Defendant, by deceiving the victim, was supplied by the victim with an amount equivalent to KRW 1.2 million at the market price of 400 kilograms of spring water and kimchi from the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions: Unauthorized statements of disposition, report on results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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