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(영문) 울산지방법원 2012.10.12 2012고단1264

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 1, 2011, the Defendant was sentenced to one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Ulsan District Court on July 1, 201, and three years of suspended execution. On July 9, 201, the above judgment was finalized on July 9, 201, and the Defendant operated D Co., Ltd., a cooperation company in Ulsan Northern Industries

On January 5, 2011, the Defendant made a false statement to the victim FF corporation office located in Ulsan-gun E, Ulsan-gun, that “If the Defendant borrowed KRW 210,000,000,000,000,000 to the account of the I corporation, the husband H, and if the progress payment entered on January 14, 2011, the Defendant would promptly make the repayment if the progress payment entered.”

However, the defendant did not have any intent or ability to repay the debt, even if he borrowed money from the victim F Co., Ltd., because he did not have any obligation to pay 1.2 billion won at the time.

The Defendant, by deceiving G as such, received KRW 210 million from G to the bank account (J) in the name of the I Co., Ltd. under the name of the I Co., Ltd. as the borrowed money from that place.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. Certificates of deposit;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes include some of the circumstances in which the defendant borrowed money, and it is recognized that the defendant deposited 10 million won, but the amount of damage is large to KRW 210 million and the victim did not reach an agreement with the victim. However, in light of the fact that the defendant is currently appointed as the administrator of the debtor corporation D and approved as the debtor corporation for rehabilitation, the defendant is performing the rehabilitation plan, and is out of the disease with high blood pressure, and thus, there is a need to give an opportunity to reach an smooth agreement.