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(영문) 의정부지방법원 고양지원 2015.01.23 2014고정1103
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who conducts import agent business of foreign goods.

On August 29, 2012, the Defendant stated that “E” offices for the victim’s D operation located in Yangju-si stated that “The Defendant may import the product cost necessary for the import from China, and would directly import the water Schlage’s origin, if the product cost necessary for the import is the prime place.”

However, in fact, the defendant did not receive money from the victim due to the lack of operating expenses of the company at the time, and there was no intention or ability to receive money from the victim even if he received money from the victim.

The defendant, from the victim, 4,440,000 won as the contract deposit for the purchase of the water price in the same day, and the same year.

9. Around November of the same month received KRW 1,50,000 as the intermediate payment, KRW 1.5 million as the intermediate payment, KRW 6.5 million as the intermediate payment on or around the 20th of the same month, KRW 6.5 million as the remainder on or around the 28th of the same month, and KRW 4 million as the remainder on or around November 13 of the same year, from the victim, on five occasions in total, and received KRW 1,744,00,000 as the purchase price for the water collision.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The fact that he/she continues to deceiving the victim even though he/she has used the money obtained by deceptioning the reason for sentencing under Article 334(1) of the Criminal Procedure Act as business expenses of the company, and that he/she only supplied the original sum of KRW 7.6 million and does not properly repay the damage after a considerable period of time: Provided, That all circumstances, such as the fact that he/she reflects the mistake and has no record of criminal punishment, shall be taken into account.

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