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Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On January 19, 2015, the accused of fraud around the following day: (a) around January 19, 2015, the victim C would have the victim C pay the proceeds for the disposal of the warehouse and daily waste; (b) KRW 300,000 of the proceeds would, instead of paying cash, have the victim C use the site and container in E in lieu of paying cash.
“.....”
However, the defendant did not have the authority to dispose of the E site and container because he was not the owner of the E site and container, and there was no intention or ability to pay the waste disposal cost.
The Defendant, by deceiving the victim as such, had the victim perform waste management work equivalent to the amount of KRW 300,000 of the service cost, thereby acquiring pecuniary benefits equivalent to the same amount.
2. On February 16, 2015, the Defendant: (a) stated that “A victim C sells the above container, thereby making an additional payment of KRW 500,000,000 as the purchase price,” around February 16, 2015.”
However, the defendant did not have the right to dispose of the container because he was not the owner of the container.
As such, the Defendant, by deceiving the victim, received 500,000 won from the victim, and acquired it by fraud.
Summary of Evidence
1. The legal statement of the witness C and some of the witness F by law;
1. Investigation report (Submission, etc. of Report on Use of Land by Complaint C), entire certificate of registered matters [the defendant and his defense counsel did not deceiving the victim because the defendant had a right to use the container site and a container ownership, and there was no intention to commit fraud;
The argument is asserted.
On March 1, 2015, the victim tried to move to the above container as of March 1, 2015, but the F did not claim that the above container was its own ownership, and the Defendant did not deliver the above container without any particular explanation.