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(영문) 울산지방법원 2018.01.26 2017고단2533

사기

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

On January 2012, at a place where it is difficult to know a place less than 1, 2012, the Defendant introduced the victims who met with dancing club members as if they were a certified broker operating a certified brokerage office, and entered into a friendly part of the case. “The Defendant borrowed 200 million won as if it is short of funds to purchase the studio building in Samsan-dong, then the Defendant would pay 1.5 million won as interest per month if it is short of funds to purchase the studio building in Samsan-dong, and if the principal sells studio, the principal would have the studio building in the name of the party.

“.....”

However, the Defendant did not have a certified broker, and there was no plan to purchase the studio building, and there was thought that the Defendant would use the studio building for the investment of stocks or the cost of the studio building with the victim with money from the damaged party, so as above, there was no intention or ability to transfer the studio building to the name of the injured party

Nevertheless, the Defendant: (a) received 35,000,000 won from the injured party on January 31, 2012 as the stud down payment around January 31, 2012; (b) and (c) received the total amount of KRW 35,025,00 from around that time to February 2, 2016 by means of remitting the total amount of KRW 10 times, such as the list of crimes in attached Form 10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each loan certificate, letter, note, note, details of each deposit and withdrawal, and the certificate of registration;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts, the reason for sentencing of sentence of imprisonment [type determination] [In the event that a person subject to special sentencing has committed repeatedly over a considerable period of increase [where a person subject to special sentencing] - In the event that a person commits repeatedly over a considerable period of increase [the scope of the recommended sentence] [the scope of the increased area] [the scope of the increased area] - the use of confidential relationship of increased human factors - The use of confidential relationship of increased human factors / [the suspension of execution] - Major reasons for suspension of execution: Unfavorable agreements - General reasons for consideration: a considerable period of time: a reasonable period of time.