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(영문) 대구지방법원 서부지원 2017.02.10 2016고정238
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 27, 2014, the Defendant access to the “Aphone 5S Smartphone” at the Defendant’s residence located in Suwon-si B or 302, and sold Aphone 5,10,000 won.

Along with the victim C who reported and contacted this, the victim C consented to the purport that “a gallon and gallon 3 is exchanged.”

However, even if the defendant receives gallon 3 smartphone from the injured party, he did not have the intention or ability to exchange it with a gallon.

As such, the Defendant, by deceiving the victim, obtained 3 smartphones from the victim of the gallon, which is the victim of the 600,000 won or more from the victim, and acquired 3 smartphones.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

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

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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