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(영문) 춘천지방법원 강릉지원 2013.07.23 2013고정69
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 25, 201, the Defendant stated that “The victim C would bring about KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”

However, even if the defendant received money from the victim at the time, there was no plan to purchase landscaping materials, so there was no intention or ability to reduce working expenses to the victim.

As such, the Defendant, by deceiving the victim, received 300,000 won from the victim in the same place, and acquired it by fraud.

2. On May 26, 201, the Defendant called the victim C by phoneing it at an unsound place on May 26, 201, saying, “In order to purchase materials, it is necessary to send down payment of KRW 3 million, and if so, the materials may be immediately loaded.”

However, there was no plan to purchase landscaped materials even if the defendant received 3 million won down payment from the victim, so there was no intention or ability to reduce working expenses to the victim.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim to the denied account of the defendant, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (related to details of damage);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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