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(영문) 울산지방법원 2015.11.18 2015고단1716

사기

Text

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

Reasons

Punishment of the crime

On February 6, 2007, the Defendant was sentenced to three months of imprisonment and one year and two months in the Ulsan District Court for fraud, etc. on April 18, 2008. On the other hand, on February 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and the said judgment became final and conclusive on August 3, 2015.

1. On July 2009, the Defendant made a false statement to the victim C that “The victim C newly built a charnel and a temple in the middle-gu, Daegu-gu, Taecheon-gu, Daegu-gu, the construction site of a new charnel house, “The victim C will be given the right to operate the cafeteria to the party after the completion of the right to operate the cafeteria and the completion of the construction site if the b0 million won is the b0 million won.”

However, the establishment of the above charnel house, such as the above charnel house, was influence of the construction permit and the progress of construction in the future due to the absence of a building permit. In fact, since the construction was suspended due to the civil petition filed by neighboring residents around October 2009, the victim did not have the intention or ability to grant the right to operate the cafeteria after the completion of the above cafeteria.

As above, on July 2009, the Defendant directly received 5 million won in cash from the victim in the name of the right to operate the boom restaurant, etc., and acquired 10 million won in total from the Defendant’s passbook on August 12, 2009.

2. On February 20, 2010, the fraud Defendant related to the right to operate the Hab cafeteria at the New Construction Site of the Yangsan Disabled Special High School said that on February 20, 2010, the victim C was awarded a contract for the construction of the Special School for Disabled Persons in the Yangsan City ordered by the Ulsan Industrial University on May 10, 201, along with D (D (D) at the (ju) IMW General Construction Office of 1081-1, Yangsan-si, Yangsan-si, Yangyang-si, Yangsan-si, and that “I will grant 30 million won to us the right to operate the cafeteria and the right to operate the cafeteria after completion of the construction site.”

However, facts are the defendant at the time.