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(영문) 수원지방법원 평택지원 2016.06.30 2016고정195
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant, on April 11, 2015, found in Pyeongtaek-si B 104, and D mobile phone stores operated by the victim C, and showed the identity card of E and F, which was known to the victim as the after-line distribution relationship, and told the victim to “I will accept documents from the victim when I want to open a mobile phone, for the gallon 4 and Aoplon 6, if I wish to open a mobile phone, and for the gallon 6, if you send a mobile phone, I will accept documents from the victim.”

However, the defendant did not have the intention or ability to open the documents.

On April 12, 2015, the Defendant continued to find the victim's cell phone store and "in order to open his father's cell phone, the Defendant changed the jute No. 4 lux, and submitted a opening document."

However, the applicant on the documents submitted by the defendant was unable to open the documents due to the unpaid amount.

As such, the Defendant, by deceiving the victim, acquired property benefits equivalent to KRW 2,700, 42 pallon 1,914,00, and KRW 61,789,800, and KRW 2,703,80.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

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

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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