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(영문) 서울북부지방법원 2020.11.27 2020고정1255
사기
Text

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

On June 24, 2019, the Defendant made a false statement at the victim C’s clothing office located in Namyang-si, Namyang-si, that “The Defendant would pay the garment price in cash 15 days after the date of receipt of the letter of intent to offer the garment special prize in Daegu D when intending to exercise the garment special prize.”

However, even if the defendant is supplied with clothing from the victim, he did not have the intention or ability to pay the price.

Around June 25, 2019, the Defendant, by deceiving the victim as above, received 1,601 points of 8,816,000 won for clothes, such as Twitts and reflectrs, and acquired 1,601 points of 8,816,00 won for clothing and 226 points of 949,200 won for clothing around June 28, 2019, and acquired 1,827 points of 9,765,200 won for total clothing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E, each investigation report (in relation to the monetary call of the F of a witness, hearing of a witness G's telephone statement);

1. Application of Acts and subordinate statutes to accusation, credit agreements, and receipts;

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

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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