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(영문) 부산지방법원 2016.06.02 2016고정918
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 did not have an intention to pay scrap metal even when concluding a contract for the sale of scrap metal from the injured party.

Nevertheless, the Defendant, around 11:00 on March 29, 2010, supplied scrap metal generated from C in the Gangseo-gu Busan Metropolitan City C office to the victim for one year, and received KRW 100 million from the victim as a deposit.

After that, the defendant from April 23, 2010 to the same year.

5. Until August 2, 200, only the scrap metal equivalent to KRW 47,060 g, KRW 38,247,440 for three occasions is supplied to the victim, and the remaining scrap metal amounting to KRW 61,752,560 is not supplied to the victim. On April 29, 2010, by selling the scrap metal to the Ulsan District Co., Ltd. in the Seoul District Association in the Republic of Korea, the victim acquired the amount equivalent to KRW 61,752,560 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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