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(영문) 인천지방법원 부천지원 2016.05.02 2016고정384
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, while running the mobile phone sales store business, intended to temporarily store the returned mobile phone by the customer, should immediately return it to the agency, there is no right to arbitrarily dispose of or distribute it, and when the mobile phone sales fund was maintained due to the shortage of funds for the operation of the mobile phone sales store, the Defendant provided it as if he did not have the right to dispose of the mobile phone, even though he did not have the right to dispose of the mobile phone, and provided it as a security, and used it as a loan to the pawnpoer who is aware of this fact.

On July 28, 2014, the Defendant made a false statement to the effect that, if he/she lends money to the victim C (36 years of age) located in Seocheon-gu, Seocheon-gu, Seocheon-gu, B as collateral in lieu of offering two mobile phones as collateral, he/she would repay money to the Defendant up to August 4, 2014.

As above, the Defendant: (a) by deceiving the victim; (b) provided two cell phone sales stores of the mobile phone from the victim as security; and (c) obtained the delivery of KRW 1,250,000 as loan money from the same place to the victim; and (d) obtained the money from the victim.

On August 18, 2014, the Defendant received 950,000 won from tin to 950,000 won from tin as a security and acquired it through deception at the same place by the same method as the victim.

Summary of Evidence

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Application of the Acts and subordinate statutes entered in the pawned contract;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

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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