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(영문) 서울중앙지방법원 2017.06.15 2017고정678
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around September 2014, the Defendant called the complainant at D stores located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and would import and supply a license brand and brand 011 brand flusity to the complainants.

“The purpose of “ was to make a false statement.”

However, even if the defendant receives the price of goods from the complainant, he/she did not have the intention or ability to supply the imported source to the complainant.

As such, the Defendant received total of KRW 17,955,00 from the complainant by receiving KRW 17,95,000 from the National Bank E account under the name of the Defendant for the consideration of goods from the complainant, as the price of goods.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Legal statement of witness F;

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

1. Account transactions and details of account transfer transactions;

1. Application of each police investigation reporting statute;

1. Article 347 (1) of the Criminal Act and the selection of fines, inclusive, by the relevant legal provisions and the choice of punishment for the crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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