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(영문) 울산지방법원 2016.02.16 2015고정2007

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 13, 2011, the Defendant: (a) at the D cafeteria located in the Nam-gu Seoul Metropolitan City, Ulsan Metropolitan City, on February 13, 2011, two apartment bonds received as a substitute for construction price, and (b) at the court, the Defendant would sell the money to the party for whom the contract is awarded by paying the money as a deposit.

“.......”

However, on December 14, 2010, the above apartment 101 had no intention or ability to guarantee the right to lease on a deposit basis even if he had already been granted the deposit money from the injured party due to the registration of transfer after receiving the successful bid for auction, and the above apartment 101 had not been granted the deposit money from the F, a construction business operator of the above apartment 101. As to the above apartment 101, which was occupied by the defendant in the form of repayment prior to the completion permission due to the failure to receive the deposit money from the F, a construction business operator of the above apartment 101, the defendant continued to maintain the right to possession with title by paying the deposit money to the court, and the right to claim the construction payment against AlleyT, but the deposit was

Nevertheless, the defendant deceivings the victim as above and received cash of KRW 10 million from the damaged party.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of borrowing;

1. Application of statutes on a certified copy of register;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;