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(영문) 울산지방법원 2012.12.28 2012고단3221
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 14:00 on July 27, 2012, the Defendant: (a) operated the iron processing company of the D’s “E” office located in Ulsan-gun, Ulsan-gun, for the victim F, to supply the said scrap metal to the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is the company that is in Busan-si.”

However, in fact, the re-young test did not have received a request from the fleetr for the steel cutting work, and accordingly, even if the re-young test cannot supply the scrap metal to the defendant, it did not have the intention or ability to supply the scrap metal to the victim, even if the defendant was unable to supply the scrap metal to the defendant.

As such, the Defendant, by deceiving the victim, received KRW 20 million in total from the victim on July 27, 2012, as down payment, around August 3, 2012, KRW 20 million in total, and KRW 80 million in total from August 6, 2012, and received KRW 120 million in total from the victim around August 6, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F of each police protocol of statement to the F;

1. Relevant laws concerning criminal facts, Article 347(1) of the Criminal Act selection of punishment, and choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62 (1) (a confession, agreement) of the Criminal Act or more;

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