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(영문) 대전지방법원 2016.05.11 2015고정258
사기
Text

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

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

Reasons

Punishment of the crime

On June 10, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court, and the said judgment became final and conclusive on August 26, 2014.

On December 30, 2013, at around 17:30 on December 30, 2013, the Defendant concluded that “The Defendant would return the Kameras, etc. to the Defendant at the time he promised to depart from 128,700 won to 17:00 on December 31, 2013 at the Kameras’s office operated by the victim D (E) of Gangnam-gu Seoul Metropolitan Government C1.”

However, in fact, the Defendant was thought to arbitrarily dispose of the Kameras, etc. from the injured party, and there was no intention or ability to return it to the agreed time limit.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received 3050,050,000 won from the victim, the sum of the EOS 5D MARK carba equivalent to the market price of KRW 2,448,000, EOS 6D carba, the market price of which is equivalent to KRW 2,017,000,000; (b) one EF 50mmerzz equivalent to the market price of KRW 1,567,00,000; (c) one EF 70-2,000 square meters car conditioners in the market price of KRW 3,90,000; (d) six times of LP-E 60,000 won in the market price of KRW 118,00; (e) 2,448,000 in the market price of KRW 2,50,500 in the market price; and (e) 16,5060,500.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. An investigation report (for example, a telephone investigation by an E siren), a criminal investigation report (for example, a reference to the details of a statement of designation as a camera), a criminal investigation report (for identification of the location of damaged items), and a criminal investigation report (for example, submission of a complaint

1. Before judgment: The application of an investigation report (a confirmation report on the confirmation date) to statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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