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(영문) 광주지방법원 2016.06.23 2015고정1946
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 5, 2013, the Defendant called D Co., Ltd. office located in Gwangju Mine-gu C to the victim E, a cargo transporter, and settled KRW 120,00,000 up to the lower order of the month following the month when transporting gold-type machines from the small village of the mine area to the Pyeongtaek Dong-dong Corporation.

“The meaning of “.......”

However, if the Defendant excluded the living expenses from the average monthly income of KRW 2 million, it is difficult to repay the principle of loans of KRW 18 million from the National Bank to the National Bank, the Defendant is entitled to receive transportation charges from the owner of the cargo transported by the injured person due to not good financial situation, such as the unpaid transportation charges of KRW 18 million.

Even if other debts have been repaid, there was no intention or ability to pay transportation charges until the date of the promise of the victim.

The Defendant, as such, by deceiving the victim and being provided with the transport service of the gold-type machine from the victim on the same day, acquired pecuniary benefits equivalent to 120,000 won by not paying the transport fee up to the promise date, and acquired pecuniary benefits equivalent to 1,120,000 won by paying the transport fee over 48 times from the above date to September 16, 2014, as stated in the attached crime list, even though he had been provided with the transport service equivalent to 1,1120,000 won from the above date to September 16, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Entry of the accused and E in the protocol of interrogation of the suspect against the accused in the prosecution;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order shall be made by the defendant and his defense counsel.

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