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(영문) 울산지방법원 2014.11.06 2014고단2307

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the Human Research and Fisheries Chain Co., Ltd. (C) in Ulsan-gun B Apartment 501.

On August 19, 2013, the Defendant made a false statement to the victim F in Jongno-gu Seoul, Jongno-gu, that “The Victim F will complete the tegrology construction work of the Subdivision (general unit facility trag construction) with the total construction amount of KRW 49 million, the advance payment of KRW 10 million, the down payment of KRW 14.75 million, and the down payment of KRW 14.75 million until October 23, 2013.”

However, it is difficult for the Defendant to properly pay personnel expenses for multi-household housing construction built by the Defendant in Young-gun G in Gyeonggi-do because it is difficult for the Defendant to operate the test business, and it was thought that the Defendant would use it in the construction expenses for multi-household multi-household housing in the above Gyeong Young-gu Multi-household Housing with the construction expenses received from the victim, and the victim did not have the intent or ability to allow the Defendant to perform the test work as the above Subdivision.

As such, the Defendant, by deceiving the victim, received KRW 10 million in advance from the victim on September 5, 2013, and KRW 14750,000 in total as contract deposit on September 24, 2013, from the victim, under the name of the Defendant’s wife H.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (detailed statement of passbook transactions and document verifying contents), detailed statement of passbook transactions, certificate of contents, multi-household construction contract, business registration certificate, and detailed statement of free savings deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general fraud [the sentence] of the basic area (the sentence of six to one year and six months) of the type 1 (the sentence of less than 100 million won] [the decision] of the basic area, but there are no criminal records of the same kind and no criminal records of the fine three times, damage and reimbursement to the victim, and agreement, and other character, character and conduct