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(영문) 서울동부지방법원 2018.10.16 2018고정685
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

A. The Defendant is a person who works in C.

On October 7, 2016, the Defendant called the F, working in E operated by the victim D, and sought 140 strings of the styp (100m wide, *1800m wide, 180mp, 180mp).

“Finally false.”

However, even if the defendant is supplied with the sphere from the damaged person, he/she did not have the ability or intent to pay the price.

On October 7, 2016, the Defendant: (a) by deceiving the victim; (b) supplied 140 (16:00 to 17:00) the victims of the damage; and (c) did not settle the price of KRW 2,217,600; and (d) took property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (G-related persons and currencies), investigation report (Attachment to dialogue between a suspect and F);

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. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of a workhouse (a) (a) and 70(2)) of the Criminal Act;

The argument is asserted.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court: (i) the Defendant did not include the content that the Defendant would receive the price from the original Cheongman G at the time of entering into a contract for supply of goods (an investigation record 1:22, 23 pages); (ii) the Defendant notified the Defendant that he would receive the price of goods from the Defendant at around January 19, 2017 while refusing or avoiding a demand for the payment of goods continued from the injured party (an investigation record 2:68, 69 pages); (iii) the Defendant would not pay the price of goods from the Defendant.

The defendant sent a text message to the effect that he/she is not superior even if he/she knew of the fact that he/she did not take any specific measure (2°75 page of investigation record), and the investigation was commenced later.

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