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(영문) 부산지방법원 서부지원 2020.01.09 2018고정1011
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 17, 2017, from around February 23, 2017 to around February 23, 2017, the Defendant: (a) falsely concluding that “D” in the operation of the victim located in Busan Landong-gu, Busan; and (b) that “A person would supply rice on credit and pay a normal price if he/she would pay the normal price, even if he/she was supplied with rice from the victim; and (c) that person received from the victim a supply of rice worth KRW 4,860,000, total market price of KRW 180,000, respectively, around February 17, 2017 and around the 23th of the same month.

2. It is obvious that K in the written indictment of victim E is a clerical error in E;

Around February 23, 2017, the Defendant received 2,340,000 won from the victim to the post office account in the name of the Defendant on the same day as the purchase price of rice on the same day, on the following grounds: (a) on the part of the victim’s “G” in the operation of the victim located in the Busan Landong-gu, Busan; and (b) on the part of the victim, even if receiving a prior payment from the victim, there is no intent or ability to supply rice, and (c) the Defendant received money from the victim.

3. Around March 30, 2017, the Defendant acquired 10 b8,00 rice worth KRW 280,000,00 from the victim, on the part of the victim’s “J” in the operation of the victim’s Doldong-gu, Busan, and the fact that the Defendant, despite being supplied with rice from the victim, was false, stating that “The following day is able to pay the rice, and the rice would be b80,000 won.”

Summary of Evidence

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement made to B, E, and H;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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