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(영문) 서울중앙지방법원 2016.07.13 2016고정1233
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 November 19, 2015, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud and on December 18, 2015, and the said judgment became final and conclusive on December 18, 2015.

On April 27, 2015, the Defendant posted a notice to the effect that he sells stuffs on the container bulletin board the Internet, and then delivers the container stuff to the victim C who visited the Defendant, “(2.4 million won) by remitting the 2.4 million won to the State.”

“A false statement to the effect that “” was obtained from the injured party a remittance of KRW 1,400,000 from the corporate bank account (E) in D’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: Application of Acts and subordinate statutes to the defendant's legal statements, inquiry about criminal history, previous convictions and results of confirmation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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