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(영문) 울산지방법원 2018.08.01 2018고정479
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who actually runs the “C” in the Cheongbuk-do Group B.

On October 7, 2017, the Defendant, at the “F Agricultural Partnership Office” office operated by the victim E in Syang-si, Kim Jong-nam on October 13:0, 2017, would pay the amount to the Defendant, “If the Defendant supplied both trends to C, it would be immediately paid to the Defendant.”

“The phrase “ was false.”

However, at the time of fact, there was no intention or ability to pay the price even if he/she is supplied with both trends from the injured party because the state of operation and financial status of the "C" operated by the defendant is not good.

Nevertheless, on October 9, 2017, the Defendant: (a) by deceiving the victim; and (b) supplied the two-way 8,600km (2,500,000 won) and the two-way 7,340km (5,872,000 won) around October 11, 2017 to the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was the fact that the Defendant had been punished several times for the same crime, and that the Defendant was unable to recover the damage or to agree with the victim.

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