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(영문) 울산지방법원 2018.11.22 2018고단1008

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of G Co., Ltd. who provides real estate consulting and sales agency services.

On September 2, 2015, the Defendant made a false statement that he would pay 12% profits per annum by depositing 146,000 won from 1% profits per month to the passbook in the manner of depositing 146,60,000 won in the form of passbook when he/she purchases to the victim E the right to sell the rest of the principal after 280,000 won in the form of an installment savings deposit account and returning the remainder of the principal after 3 years.

However, the defendant did not acquire the ownership or management right of the above SwitzerlandJ hotel and the detailed K Lriart in a conclusive manner. As such, the defendant did not have the ability and intent to acquire the right of sale to the victim, and the profit structure of the Lriart sales business is not stable, and the defendant's personal liability remains at 3 billion won, even if he received the investment from the injured party, there was no intention or ability to pay the profit and the principal regularly.

The Defendant received KRW 73,00,000 from the injured party on September 8, 2015, including remittance of KRW 14,600,000 from the injured party, and received KRW 73,00,000 from five victims through five times in total from around the above day to October 16, 2015.

Accordingly, the Defendant acquired a total of KRW 73,000,000 by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against victims, such as C;

1. A copy of a contract for sale attached to the complaint and a copy of a bankbook;

1. Investigation report (as regards the complainant's installment savings and settlement of profits, as to the G Juristic Person account analysis)

1. Application of the Acts and subordinate statutes on G account transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense / [Selection of imprisonment with labor]

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.