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(영문) 울산지방법원 2013.08.29 2013고단1779

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On September 3, 2010, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court, and the execution of the sentence was terminated at the Busan Correctional Institution on April 2, 201, and on April 18, 2013, the same court was sentenced to a fine of five million won for fraud, and the judgment became final and conclusive on April 26, 2013.

【Criminal Facts】 The Defendant is a person who runs a scrap metal business with the trade name called (ju)D.

On June 2012, the Defendant made a false statement to the effect that “If the Defendant pre-paid the victim F of the Victim F in the Hamnam Kim Jong-si, the Defendant would supply the scrap metal to B with the payment of KRW 50 million for the scrap metal first, the Defendant would supply the scrap metal.”

However, the fact is that the defendant did not secure the scrap metal to be supplied to the victim, and that the other clients could not supply the scrap metal properly, and even if the money was received from the victim as the price for scrap metal, there was no intention or ability to supply the scrap metal to the victim.

On July 31, 2012, the Defendant, by deceiving the victim as above, received 12 million won from the agricultural bank account in the name of the Defendant, and acquired 6.9 million won from the above passbook on August 1, 2012, respectively, as the above passbook.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes to copies of bankbooks;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Although the amount of damages for the reason of sentencing under Articles 70 and 69(2) of the Criminal Act cannot be deemed to be the maximum amount of damages for the reason of sentencing, the defendant committed the instant crime within a short period of repeated crime, the defendant committed the instant crime within the repeated crime period, and the defendant committed the instant crime, and committed the Defendant more than three times before and after the criminal conviction due to the fraud and the same kind of criminal punishment, together with all other circumstances, such as the defendant's age, family environment, background of the crime, circumstances after the crime, etc., which are favorable to the victim, such as payment of 20 million won to the victim, and the agreement with the victim.