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(영문) 울산지방법원 2013.12.27 2011고단4183

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 12, 2012, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Ulsan District Court on March 12, 2012, and the said judgment became final and conclusive on March 20, 2012.

[2011 Highest 4183] On July 2009, the Defendant made a false statement to the victim C that “at present, the Defendant is running the golf practice range installation works at H, 5,799m2 in Ulsan-gun, Ulsan-gun, Ulsan-gun, in operating the F and G Co., Ltd., and, at the same time, it is possible to make a big profit from collecting stone and rocks on the said site. By December 2009, the Defendant would raise two times of profits by raising two times of profits by December 2009, and the Defendant would pay KRW 500,000 per T.m. (1 cubic meter) as dividends.”

However, in fact, even though the Defendant promoted the above business from around December 2007, the Defendant was unable to support the business due to the lack of business funds and lack of ability, and was unable to secure the place to reclaim soil and rocks, so even if he borrowed money, there was no intention or ability to guarantee the profits of twice until December 2009 agreed upon.

Nevertheless, the Defendant received KRW 30 million from the victim at the end of the above false statement (1) around August 4, 2009, and (2) around August 5, 2009, received KRW 10 million through E, and (3) obtained KRW 3 million around September 2009, and acquired KRW 43 million in total.

[201st order4659] On June 29, 2010, the Defendant paid the amount of KRW 200 million or KRW 300 million to the G Co., Ltd. office located in Ulsan-gun I and the third floor of Ulsan-gun, Ulsan-gun, and paid the amount of KRW 200 million or KRW 300 million to the J during one month, and the G Co., Ltd. stated that it would grant the right to develop tin acid in Ulsan-gun, Ulsan-gun, where the G Co., Ltd. is in progress within one month, and received a total of KRW 180 million from the J from around that month to August 2010, but had delayed development and received a demand from the J. And the development had been urged.