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(영문) 서울중앙지방법원 2018.11.09 2018고정1755
사기
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Even if the victim C was admitted to the senior successful bidder and received the advance payment, the defendant, even though there is no intention or ability to pay the advance payment, he did not pay the remainder of the advance payment of KRW 2,485,000 on August 14, 2008 to the victim under Article 1037 of the Gangnam-gu Seoul Metropolitan Government D Building No. 1037, "it shall faithfully pay the advance payment after joining the 1,000 won successful bidder," and he received the advance payment of KRW 5,810,00 on August 21, 2008, but did not pay the advance payment of KRW 1,00,000 on August 14, 2008, KRW 745,000 on August 28, 200, KRW 208, KRW 85,000 on September 4, 200, KRW 208,000 on August 15, 2008.

Accordingly, the defendant deceivings the victim, thereby deceiving 1,1710,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the certificate of deposit in cash;

1. Article 347(1) of the Criminal Act and the selection of fines, inclusive, by the relevant legal provisions on criminal facts;

1. Articles 69(2) and 70(1) 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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