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(영문) 광주지방법원 2017.10.20 2017고단2773
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud in the support of Suwon Fagwon, and the above judgment became final and conclusive around that time.

From June 5, 2009 to October 22, 2009, the Defendant visited the victim C's place of business operated by the victim C in Gyeonggi-do for a total of four times in total to pay the price every time.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay the price even if he has received the milk from the injured party.

Nevertheless, the defendant acquired property benefits equivalent to 766,850 won by receiving the milk from the injured party but not paying the milk.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Criminal records as stated in the relevant application form: Application of criminal history inquiry-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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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