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(영문) 울산지방법원 2015.06.26 2015고정138
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has agreed to share the fertilizer business using C and swine excreta with the victim, and D is a director of E company who is an enterprise that conducts a fertilizer business in swine and excreta.

Around October 28, 2013, the Defendant stated that, at G hotel (Gu, H hotel) in Daegu-gu, Daegu-si, there was no money that was paid to D with activity expenses, so even if he received activity expenses from D, the Defendant did not intend to deliver it to D and was thought that the Defendant would personally use it. However, in order to use it as activity expenses for the Defendant’s swine fertilizer business, the Defendant stated that “the Defendant’s delivery of it to D directors at a low price of the royalties to be paid to D directors at the lower price is good.”

The defendant received 4 million won as activity expenses from the victim to the agricultural bank account in the name of the defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Copy of a bankbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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