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(영문) 울산지방법원 2016.07.14 2014고정2095
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who carries on fireworks delivery business in the name of "E" in the name of "E" in Ulsan-gu C.

The defendant used the harmony abandoned in the above D to make a reconvenition, and followed the proceeds by selling them at a new harmony price.

On January 9, 2014, the Defendant collected the harmony abandoned in the above D as a contract with the funeral hall on January 9, 2014, and made it a reproduction harmony, and sold it to the victim F who ordered the 3rd group realization as if it were the 100,000 won to the new 3rd group realization, and received the payment.

As above, the Defendant, from January 6, 2014 to February 16, 2014, obtained a total of KRW 1,900,000 from around 17 times in the same manner as the written list of crimes in the attached Table, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of G statements in the eight-time public trial records;

1. Recording some of the statements of H and I in the sixth public trial records;

1. Each police statement made against H, J, K, L, I, and M;

1. A protocol of seizure and a list of seizure (Evidence 448, 449 pages);

1. Each investigation report (including attachment of photographs of the E-Search site and photographs of the E-Recycling site) (including attachment of accompanying materials);

1. A copy of operational contract, etc.;

1. Evidentiary photographs, chassis data, etc.;

1. Application of Acts and subordinate statutes to ascertain and report the representative of the D or N funeral funeral hall;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Whether or not the defendant has sold the flowers after recycling it;

A. The head of the State did not commit deception, since the Defendant used in productiveization but did not recycle the congratization to the near 3rd group as stated in its reasoning.

(b)in accordance with the evidence duly adopted and examined by this Court.

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