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(영문) 대구지방법원 포항지원 2017.06.09 2016고정539
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 17, 2015, the Defendant made a false statement that “The president, who was to deliver money to the drinking house and restaurant now, is to pay money at the port D market in the north-gu C market operated by the victim B.”

In fact, even if the defendant purchases an excessive day, he did not have the intention or ability to pay the excessive day.

Nevertheless, the Defendant, on October 17, 2015, purchased an amount of excess worth KRW 2,459,000 from the injured party (i.e., apology, distribution, and reduction) and did not pay the amount thereof. By October 29, 2015, the Defendant took property benefits equivalent to the amount of excess (i.e., purchase of excess worth KRW 2,459,000 on 11 occasions until October 29, 2015 and did not pay the amount thereof.

Summary of Evidence

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

1. Statement made by the police against B;

1. Receipts and photographs;

1. Application of investigation reports (related to the current status of sales transactions of suspect and delivery company) Acts and subordinate statutes;

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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