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(영문) 서울중앙지방법원 2015.04.29 2015고정199
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 17, 2013, the Defendant made a false statement to the victim E in Gangnam-gu Seoul, stating, “If the Defendant has a U.S. F brand's Korean total sales right and wishes to sell goods, the Defendant would make an advance payment. When receiving an advance payment, the Defendant would enter into an agency contract, and import and send goods equivalent to the price of goods until the middle order of January 2014.”

However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to send the money to the victim by purchasing the F brand's intent.

The defendant received 4,973,190 won from the victim as the price for the goods on the same day from the victim to the account under the name of Bbank (State) D.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on agency contract, ordering mail, and details of passbook transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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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