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(영문) 울산지방법원 2017.07.12 2016고단4627

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 9, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment for fraud at the Ulsan District Court, and the said judgment became final and conclusive on the 17th of the same month.

1. On April 29, 2014, the Defendant made a false statement to the victim that “The Defendant would delete the appraisal records of building of building of building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of

However, even if the defendant receives money from the injured party, he did not have the intention or ability to delete the appraisal records of the E building owned by the injured party.

The Defendant received KRW 12,30,000 from the damaged party to the Agricultural Cooperative Account (F) in the name of the Defendant for expenses for deletion of appraisal records on the same day.

2. Defendant 1: (a) at the same time, at the same place as the above 1.1.m. location, the said victim “I will conduct appraisal of the land outside G at the time of the racing that the Party entered into a sales contract, and receive a loan as security.

To this end, the phrase “necessary for KRW 10 million” was false.

However, even if the defendant received money from the injured party, he did not have any intention or ability to conduct an appraisal and obtain a loan on the land purchased by the injured party.

On May 7, 2014, the Defendant was transferred KRW 10 million to the Saemaul Treasury Account (I) in the name of H as a consultation for appraisal around May 7, 2014.

3. On May 14, 2014, the Defendant stated, at the same place as the above-mentioned 1.1., that “I would immediately repay money to the above victim if I lend money.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant received 5 million won from the damaged party to the Daegu Bank account (K) in the name of J as the borrowed money on the same day.

In this respect, the defendant deceivings the victim, thereby property.