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(영문) 울산지방법원 2016.07.19 2016고정211

사기

Text

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

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

Reasons

Punishment of the crime

1. On December 2, 2014, at around 23:30 on December 2, 2014, the Defendant issued an order to “D cafeteria” operated by the victim B to “D cafeteria,” with the Defendant’s house located under the Defendant’s house located under the Defendant’s room 401, Yangyang-si, Yangyang-si, the Defendant issued an order to 1ma, 100C C C c 1, and 100c c s 3. The Defendant issued an order to immediately deposit to the victim who visited the Defendant’s house at the Defendant’s office.”

However, in fact, if there was no cash or settlement card and the delivery of Skin was made, it was thought that Kin's delivery was made without paying Din's value, and there was no intention or ability to pay Din's value to the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained delivery of 32,500 C 100 C 1,000 C 1,000 C 1,000 C 1,000 C 1,000 C 3.

2. On April 6, 2015, the Defendant, at the above Defendant’s office, called the “F cafeteria” operated by the victim E, to the “F cafeteria,” and made a false statement on the part of the said Defendant’s office, stating that “The Defendant, at the victim’s office, sent the food cost to the bank account, to the delivery of 1 main and 1500 c/ C 1500 c/ C of the food cost to the bank account.”

However, in fact, it was thought that he/she would take place through delivery without paying the finite value by making false statements as above, and he/she did not have the intent or ability to remit the fin value to the account of the victim.

As above, the Defendant: (a) by deceiving the victim; and (b) received delivery of 1500C beer 1 bottled with 26,000 won in total from the injured party; and (c) received delivery of 1500C beer 1 bottled with the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police in relation to B and G;

1. Each receipt, each petition, each investigation report, and the application of Acts and subordinate statutes on orders;

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. Attraction of a workhouse;