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(영문) 울산지방법원 2012.05.24 2011고단3315
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 17:00 on February 11, 201, the Defendant told the victim B (the 36 years of age) at the (ju) guard room located in Haan-gun, Haan-gun, Haan-nam, that “The Defendant purchase 18,00 liter oil storage tank and 12,00 liters for each of 17 million won and scrap metal.”

The Defendant was issued by the victim who believed that he was able to receive the above ice oil storage tank, etc.

However, at the time, the defendant did not have any intention or ability to pay the price normally even if he received the above test oil storage tank, etc. from the victim who has difficulties in economic circumstances, such as there is no particular property or income.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B, and part of the witness E’s legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B statement section);

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes on pre-factory marks and pre-shipment marks;

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

1. Article 62 (1) of the Criminal Act (limited to the degree of damage caused by the instant case, and taking into account the fact that the Defendant deposited part of the money, etc.);

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an order for compensation (the scope of liability for compensation is unclear);

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