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(영문) 대구지방법원 경주지원 2017.03.29 2017고정42
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

On October 30, 2015, the Defendant stated to the effect that “D” office of the Defendant’s operation in Ulsan-gun C, a director of the said company, would transport the materials of the Defendant’s operating company to a factory and pay transportation fees immediately after transportation to the Gangwon-do steel source” by telephone from the victim F via the above company’s director E, and revised the criminal facts to the extent that it does not infringe the Defendant’s right of defense according to the facts acknowledged by the record.

However, in fact, since the financial situation such as the excessive debt of the Defendant’s operating company and delayed payment of wages is not good, the Defendant did not have any intent or ability to pay transport charges even if he/she has been performed a transport contract from the injured party.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) had the victim transport the materials from the ordinary sea around October 30, 2015 to the transport of the materials as steel source; and (c) did not pay the transport fare of KRW 935,00,00. From that time until December 29, 2015, the Defendant: (a) had the victim deceptiond the victim by the aforementioned method nine times in total as indicated in the list of crimes in the separate sheet of crimes; (b) had the victim transport the materials; and (c) did not pay the transport fee; and (d) had the victim pay the transport fee, the Defendant acquired the pecuniary benefit of KRW 6,468,00,000, total transport fee

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to a report on investigation (D name account), a report on investigation (D bank obligations), and a report on investigation (total amount of new bank obligations);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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

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

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