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(영문) 울산지방법원 2020.06.25 2020고단29

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 is a person who actually operates static C in Ulsan Northern-gu B.

On June 2019, the Defendant called the victim E, who is a D operator, by phoneing the victim E, from the beginning of the B B, the Defendant made a false statement to the effect that “The payment will be made at once on the last day of the service.”

However, the Defendant had no intention or ability to pay the amount even if the Defendant received the payment from the victim, such as that the amount of bank loans is equivalent to KRW 60,000,000,000 from the previous trading company, because the Defendant failed to pay the amount equivalent to KRW 42,00,00,000 from the previous trading company.

Nevertheless, the Defendant, as such, by deceiving the victim and being supplied with pigs equivalent to KRW 375,00 at the market price around June 13, 2019, received from the victim, from around July 5, 2019, a total of 3,158,360 won, as shown in the attached list of crimes, and received delivery of pigs and pigs in total, once from July 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to accusations, specifications of transactions and specification of transactions;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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

1. Taking into account the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not an active deception or a conclusive intentional act, the fact that the victim agreed with the victim, the fact that there is no same criminal history, the circumstances of the crime, and the amount of damage