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(영문) 울산지방법원 2016.07.22 2016고단726

절도등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Of the facts charged, the larceny is acquitted.

Reasons

Punishment of the crime

On February 10, 2009, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court, and completed the execution of the sentence on December 2, 2009.

【2016 order 976】

1. A shooting machine;

A. On March 2012, the Defendant against the victim AI may obtain a large amount of market price gains by purchasing the AL land and changing the purpose of use from the victim in the “AK” office of the victim’s operation of the victim in the U.S. AJ in Ulsan-gu, Ulsan-gu.

W and half jointly purchase. The land is 300 square meters per square, and 300,000 won per square year, and 45 million won per square year, and 10,000 won per square year, and the change of purpose of use is dismissed.

After 3 years, the price will be 90,000 won per cubic year.

“.....”

However, the defendant did not have any intention or ability to get profits from the market price by purchasing land even if he did not know whether the land was changed for the purpose of use and received money from the injured party.

Defendant deceiving the victim as above, and was delivered KRW 10,00,000 to the deposit account in the name of AM on May 22, 2012; KRW 30,000,000 to the same account on June 1, 2012; KRW 11,185,730 to the deposit account in the name of NN on June 11, 2012; and KRW 3,814,270 to the deposit account in the name of the Defendant on June 11, 2012 as land purchase and alteration expenses.

B. Around September 3, 2013, the Defendant committed a crime against the Victim AO on or around September 3, 2013, in the “K” operated by the Defendant in Ulsan-gu, Ulsan-gu, Seoul-do, and the victim’s bid to receive auction articles through a certified judicial scrivener who is well aware of the fact.

If a person lends KRW 38 million to another person, he/she shall receive the auction goods through a certified judicial scrivener to award a successful bid, and the principal shall be paid KRW 3 million per month and the principal shall be repaid in full after three months.

A certified judicial scrivener fee, including KRW 420,000,000,000,000,000,000.

However, the defendant was thought to use money for personal purposes, such as repayment of debts, by receiving money from the injured party, and the victim was awarded auction objects.