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(영문) 울산지방법원 2020.09.23 2019고단4230

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2018, the Defendant made a false statement to the effect that “The Defendant, at the office of the victim C, who is the seat of the Defendant on the Southern-gu B and the second floor of Ulsan-gu, Ulsan-gu, and the second floor, “The Defendant shall operate the business on credit with the 20,000 square meters of the land set by the construction business chairperson of the Republic of Korea,” and that “The Defendant shall operate the business on credit with the business of cooking and need to do so.” The Defendant’s sales office deposit, design expenses, survey expenses, and expenses, etc. are required. If KRW 100,000,000,000,000

However, in fact, the Defendant was unable to live as a bad credit holder, and there was no particular business fund, and could not be sold out by way of doing so in Ulsan-gun D, Ulsan-gun, which is the land subject to the business. Ultimately, even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Around July 2, 2018, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim’s account in the name of the Defendant’s wife E.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement C in the police interrogation protocol of the accused (second, second, and replacement) of the accused;

1. Statement to C by the police;

1. Copies of bankbooks and the details of account transactions (number 9);

1. A reply to a request for investigation report (F reply) and for cooperation in investigation;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by a complainant);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. The decision-making defendant recognized the crime of this case, the fact that the defendant agreed with the victim, and the criminal punishment power exceeding the same power or fine shall be applied to the defendant.