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(영문) 울산지방법원 2015.07.23 2015고단808

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On May 5, 2014, the Defendant, at the construction site of a new building located in Ulsan-gu, Ulsan-gu, Seoul-gu, and the victim C, who is an elementary school-friendly branch, had a good shop in Ulsan-dong, and had profits from market price at the time when operating a commercial building for a certain period after obtaining permission. In investing money, the Defendant was remitted from the victim the amount of KRW 10 million through the account of community credit cooperatives in the name of the Defendant on the same day through the account of community credit cooperatives in the name of the Defendant.

However, even if the defendant receives money under the above name as above, he only tried to use it to repay his personal debt and did not have a plan to use it for the purpose of obtaining and operating commercial buildings.

Accordingly, the defendant deceivings the victim as above, thereby deceiving 25 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a copy of a statement of transactions, and a written statement by account;

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (the amount less than KRW 100 million) and the basic area (the decision of sentence) of category 1 (the amount less than KRW 6-100 million) [the decision of sentence] and the amount obtained by defraudation is not entered, but the circumstances are not good, such as the damage is not repaid, but a mistake is recognized, 11-7 million is deposited, and the fact that there is no criminal history, etc. shall