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(영문) 창원지방법원 밀양지원 2015.09.17 2015고정143
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

1. On May 1, 2014, the criminal defendant against the victim B stated that “the victim would be exempted from advance payment in KRW 3 million” to the victim in Dda operated by the victim B, who was located in Gyeong-gun, Gyeong-gun, Gyeong-nam on May 1, 2014.

However, even if the defendant receives the advance payment from the victim, the defendant did not have the intention or ability to work in the above multiples.

Defendant from the victim, i.e., one million won from the seat of the victim;

5.2.5 million won,

5.7. The delivery of 1.5 million won.

Accordingly, the defendant was given a total of three million won by deceiving the victim.

2. Around May 8, 2014, the criminal defendant against the victim E told the victim E, who works in the above D D D D D D multilateral bank, that “I will get off to work as a multiple employee, and I am off a cosmetic at the G cosmetic shop.”

However, even if the defendant received cosmetics from the victim, the defendant did not have the intention or ability to deliver the cosmetics.

The Defendant received from the victim the cosmetics equivalent to KRW 195,00 in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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