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(영문) 울산지방법원 2017.08.09 2017고단917

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On September 2012, the Defendant, in the apartment complex located in the Jung-gu, Ulsan-gu, Ulsan-gu, Ulsan-si, may bring a lot of profits to the victim D from the apartment complex site “E agricultural and fishery products market is transferred to another facility and purchased the land at that place and sold to another facility.”

If an investment of KRW 350,000,000 is made to require money of KRW 1.3 billion, it is intended to purchase the above land and return the land together with substantial profits.

“A false representation was made.”

However, even if the Defendant received the investment from the injured party, it is thought that it will immediately be used for his own living expenses and repayment of existing debts, and there was no intention or ability to pay the profits promised to the injured party by disposing of the E land after purchase.

The defendant deceivings the victim as above and was transferred to the head of the Tong in the name of the defendant, including KRW 70 million around October 4, 2012, and KRW 280 million around November 15, 201 of the same year, as well as KRW 350 million around November 15, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness D’s statutory statement legislation;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the amount shall be not less than 100 million won, and less than 500 million won) of the general fraud; and

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstances: The confession and reflects in depth, the child with a disability seems to have been partially used for the treatment, and the fact that there is no criminal record except for a fine of KRW 500,000 in the year 206.

E. Unfavorable circumstances: whether damage has not been recovered for a long time, and whether damage has been recovered after the end.