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(영문) 울산지방법원 2018.08.17 2018고합120

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From April 4, 2016, the Defendant: (a) from around April 4, 2016, entered into (ju) C with one tank; (b) transported D’s alcohol products with the said tank Crori vehicle; and (c) has invested money borrowed from the Defendant’s funds and figures from around 2016.

1. On March 2016, the defrauded stated, “Around Ulsan-gun EF located in Ulsan-gun, Ulsan-gun, the Defendant: (a) the Victim H obtained through G, a branch of “F” restaurant; (b) the Defendant obtained alcohol products from the factory in Ulsan-do, and supplied them to various nationwide factories; and (c) the Defendant made investment in this project; (d) the Defendant would receive 2% interest on the loan of the business fund if there is no money, and if there is no money, the loan would be paid to the lender.”

However, at the time, the Defendant was only operating with only one tank as above, and all the borrowed money received from the injured party was considered to be used for stock investment or living expenses.

Nevertheless, the defendant deceivings the victim as above and thereby is identical to the victim.

4. 6.6. A transfer of KRW 110,00,000 from the J bank account (Account Number:K) to the said J bank account was received in total six times from around that time to August 11, 2017, including a total of KRW 176,357,780, as shown in the List of Offenses in the Attached Crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. Around July 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim N, who is the husband of the same mountain conference M, at the same clan shop in front of Ulsan-gu L apartment.

However, at the time, the defendant was only in operation with only one tank as above, and all the borrowed money received from the injured party was considered to be used for stock investment or living expenses.