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(영문) 부산지방법원 2014.06.27 2013고정3673
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant and C, while establishing a stock company E, which is a livestock product distribution and processing company, in Busan Metropolitan City Seo-gu, had insufficient funds, sold meat supplied from G, which is operated by the victim F, and had the money used as office expenses.

At around 17:00 on April 12, 2012, the Defendant made a false statement that “the Defendant would pay in cash all the price of the goods within three days if he/she supplied two tons of the price of the goods to the G, which is located in Il-dong-dong-gu, U.S., U.S., Young-gu, U.S., U.S., the E office.”

However, at that time, the defendant and C did not have the intention or ability to pay the price even if they receive the money from the victim due to the lack of office opening expenses.

Nevertheless, the Defendant, in collusion with C, by deceiving the victim as above, received a delivery of approximately KRW 10,708,90 of the market price from the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement made by a witness I in the third protocol of the trial;

1. Each protocol of suspect examination of the police against the defendant (including the whole part);

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on complaint, statement of transactions;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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