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(영문) 부산지방법원 2015.01.28 2014고정5025
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 14:00 on May 12, 2012, the Defendant made a false statement to the victim C, a seller of cosmetics, at the Defendant’s house located in Busan Seo-gu B apartment 108, 806, stating that “The Defendant would purchase the cosmetics equivalent to KRW 578,00 per annum, and reduce KRW 300,000 per annum, the remainder of KRW 278,000 per annum, and pay with the price of the cosmetics.” However, the Defendant did not have any intent or ability to pay the price of the cosmetics.

The Defendant, by deceiving the victim as such, received cosmetics equivalent to KRW 578,00 from the victim’s position, and received cosmetics equivalent to KRW 1,903,00 on May 13, 2014, but did not pay KRW 300,000 out of the total price of cosmetics in KRW 2,481,00, and did not pay KRW 2,181,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to membership and contract for goods purchase;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a 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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