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(영문) 울산지방법원 2013.12.12 2013고정1028
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant was a person who was engaged in cargo transport business with the trade name of (State D) D at the place of business located in Ulsan-gu C;

1. On January 10, 201, the victim F, who operates E at the above office, made a false statement to the victim F, stating, “The victim transported the cargo at the request of the defendant, but did not pay the freight, thereby taking economic benefits equivalent to the same amount of the freight.”

2. Around February 23, 2011, the victim made a false statement to the above victim stating that “The transport charge of the cargo from Ulsan to Gyeonggi shall be KRW 572,00,000 for the transport of the cargo at the request of the Defendant,” but did not pay the transport charge, thereby taking property benefits equivalent to the same amount.

3. On March 11, 201, at the same place, the victim made a false statement to the said victim stating that “The transport of the cargo from the outer city to the Gwangju-si will bring about KRW 297,00,000 to the transport of the cargo at the request of the Defendant, but did not pay the transport fee, thereby taking economic benefits equivalent to the said amount.”

Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 1,166,00 in property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement concerning F;

1. A work day (three copies);

1. Application of Acts and subordinate statutes to a report on investigation and documents attached thereto (Evidence Nos. 8 through 11);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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