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(영문) 서울동부지방법원 2014.12.12 2014고정1984
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[2014 high-speed 1984] On November 20, 2012, the Defendant purchased 7 high-speed PCs with 8 mobile phones in Gyeyang-gu Incheon Metropolitan Gyeyang-gu, which is operated by the victim B, “The price will be paid up to November 26, 2012.”

However, the defendant did not have the ability to pay the above amount.

Nevertheless, this belongs to the victim and this belongs to the victim, and the victim received the total amount of 4.47 billion won as stated in the attached crime list, such as handphone 2.360,000 won from the victim, and acquired it by fraud.

[2014 Highly 2029] On December 5, 2012, the Defendant made a false statement to the victim G that “I return the Kamera to B/D 1914 on a day after the day when the Kamera was leased to B/D 1914, while going to go to Jeju-do.”

However, even though the victim leased a camera, the defendant did not have the intention or ability to return the camera.

Nevertheless, the Defendant’s false statements were received from the victim, namely, the sum of approximately KRW 1,590,00,00 from the victim’s capital (one - one 3.5 million, market price of KRW 3.5 million, three - one - one 4.60,000, one - one - three 230,000,000 won, three - one - one 4.00,000 market value).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol of each police statement related to B and G;

1. Each complaint filed by B and G;

1. Application of Acts and subordinate statutes to a detailed statement and a contract for lease of equipment;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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