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(영문) 울산지방법원 2020.09.10 2020고정145
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 12:00 on April 7, 2019, the Defendant, in collusion with husband B, saying, “The Defendant would pay KRW 3 million to the victim D with transportation cost on the face of transportation by transfer to South and North Korea. If there is a problem in the transportation by transfer to South and North Korea, it would pay KRW 2 million as additional transportation cost and pay KRW 5 million to the victim.”

However, the facts did not have the ability or intent to pay the cost even though the transportation of the object was made.

The defendant and B, as such, have taken property benefits by deceiving the victim and not paying the cost of transport of 5 million won or more from the victim.

Summary of Evidence

Part of Defendant’s Court Statements

1. The police suspect interrogation protocol defendant and defense counsel against D's legal statement B, and the defendant asserts that since the party who entered into a transport contract with the victim is the husband of the defendant who is not the defendant, the defendant does not support the liability for the crime of fraud.

According to the evidence duly adopted and examined by this court, D was entrusted with transportation of news on the spot where the defendant and the defendant's husband B are located, and entered into a transportation contract between the defendant and the defendant, which separates the legal party orally after consultation between the expenses of director and the scope of removal. ② Among them, the dwelling is the place where the defendant and the defendant's husband B were living together with the defendant, and the legal party was the place where the defendant was used solely. ③ However, even though the defendant and the B did not pay the purchase price at all to all the houses located in the Southern-gun, the purpose of directors as well as to this day, they could immediately pay the victim the purchase price to the defendant and the defendant and the victim.

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