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(영문) 광주지방법원 2014.11.27 2014고정1791
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the reporter of B, was asked by the D president E in Yong-Namnam-gun C of the end of May 2014 to dispose of the business site wastes of the said shipbuilding yard, and the same year.

6.4.Plapsing the victim F, who was known through the marg, had the victim F, who was a waste transporter.

However, in fact, the defendant would use the waste disposal cost that he would receive from the above D on June 4, 2014 to pay his existing debt, while there was no intention or ability to pay the victim F with waste disposal cost due to the lack of assets.

Nevertheless, at around 14:00 on June 4, 2014, the Defendant concluded that “D’s disposal of industrial wastes will be paid immediately after the completion of the work.” On June 5, 2014, the Defendant had the victim dispose of and transport industrial wastes falling under 50 percentage from the foregoing D, and did not pay KRW 240,000,000 to the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on internal investigation reports (the details of payment of KRW 2.4 million for work expenses);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant's mistake appears to have been divided and reflected in the sentencing; (b) the current economic difficult circumstances and the fact that the health appears to be good.

However, the defendant committed the crime of this case without being aware of the fact that he had been sentenced to imprisonment, a suspended sentence, or a fine in the past more than once in the past, and even though the amount of damage in this case was not reduced to 2.4 million won, it has not been restored to the victim until now.

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