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(영문) 서울북부지방법원 2018.10.12 2018고정1267
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

On October 2017, the Defendant made a false statement to the effect that “D” stuffed at the victim C’s “D,” which was located in the Seoul Jung-gu B’s 2th floor, the Defendant would immediately pay the price to the victim whenever the Defendant made the samples of the sample and sampling, and the products.”

However, the defendant did not have any intention or ability to pay the price normally even if he received samples, etc. from the injured party because there is no certain income at the time and the financial situation of the company is not good.

Nevertheless, on December 1, 2017, the Defendant: (a) by deceiving the victim; (b) received two compacts equivalent to the market price of KRW 176,00 from the victim on December 1, 2017; (c) and (d) received sample clothing, etc. equivalent to the total amount of KRW 7,766,00,00 from around that time to January 25, 2018, but did not pay the said price; and (d) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of business registration certificate, a detailed statement of transactions, and payment;

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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