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(영문) 울산지방법원 2013.07.11 2013고단1813

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 2006, the Defendant stated that “The Defendant would pay the principal to the victim within one month, and would distribute 30% of the profits to the victim’s 5th of the interest of the other fiveth of the month or 10% of the shares of the F Co., Ltd. in the event of failure to implement it,” at the second floor E (ju) office in Ulsan-gu operated by the victim C.

However, in fact, the above business was impossible to make a continuous profit due to the illegal game room business, and the defendant did not have acquired the shares of F Co., Ltd., so even if he received the investment money from the victim, he did not have the intent or ability to pay the principal and profit or to perform the agreement

around May 15, 2006, the Defendant received KRW 20 million from the victim as the Korean bank account (number: G) in the name of F Co., Ltd. on or around May 15, 2006, and KRW 15 million on or around the 23th day of the same month from the victim as the respective investment money.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution

1. Application of Acts and subordinate statutes for account transfer certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order choice of a reasonable period of time taking into account the scale of the reason for deceitation of the reasons for sentencing under the proviso of Article 62-2 (1) and Article 62-2 (2) of the Criminal Act and the sentencing guidelines for fraudulent crimes, etc., but the execution shall be postponed by taking into account the following factors: (a) the fact that the victim has not been sentenced to imprisonment with labor or heavier punishment for the same kind of power or suspended execution; and (b) the fact that the amount of damage has not been repaid and the actual use of the amount