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(영문) 인천지방법원 2013.06.28 2013고정1841
사기
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 10, 2012, the Defendant made a false statement to the effect that “The price will be paid later” to the victim at the “D store of the victim C’s operation located in the Busan Dong-gu, Busan, and that “The price will be paid later. In this context, the Defendant exchanged the previous purchase sportsization with a more low-priced sports, and changed one more.”

However, the fact is that the victim had no intention or ability to pay for the exchange or purchase price even if the victim had exchanged a more low-priced physical exercise instead of the physical exercise price already purchased from the victim.

As above, the Defendant, by deceiving the victim as above, exchanged the 1,06,800 won of the “boomton” 1,49,000 won, instead of 1,000 won of the 1,39,000 won of the 149,000 won of the previous purchase from the victim, and acquired the 281,000 won of the 239,000 won (the written indictment is stated as “281,200 won” but the written indictment is deemed as a clerical error, so it is recognized ex officio as above) by acquiring a 1,00 frithic frith of the 281,00 won

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of the details of approval of cards, a copy of the sales daily report, an investigation report (a copy of a written opinion, combined confirmation of Defendant’

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he had an intent to pay a bratium at the time of the instant crime. However, the Defendant did not deposit money to the effect that the Defendant had no cash possessed for purchase at the time of the instant crime, i.e., the card payment was impossible due to the lack of the balance, and the Defendant did not deposit money with the victim “I would make a payment within one hour if the account number is known, because there is no cash,” and the Defendant did not deposit money.

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