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(영문) 울산지방법원 2020.02.21 2017고단4501

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On June 16, 201, the Defendant was sentenced to 10 months of imprisonment with prison labor for occupational breach of trust at the Ulsan District Court on June 16, 201, and two years of suspended execution, and the judgment became final and conclusive on June 24, 201. ② On January 20, 2017, the same court was sentenced to 2 years of suspended execution for six months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on May 27, 2017.

In the indictment, the prosecutor stated that each of the crimes of this case is a crime subject to final and conclusive judgment as stated in paragraph (2) and a crime subject to latter concurrent crimes of Article 37 of the Criminal Act.

However, prior to the final and conclusive judgment mentioned in the foregoing paragraph (2), there was a final and conclusive judgment mentioned in paragraph (1) and (2) offences subject to the final and conclusive judgment mentioned in paragraph (1) (Fraud around March 10, 201) were committed prior to the final and conclusive judgment mentioned in paragraph (1). As such, each of the instant offenses committed after the final and conclusive judgment mentioned in paragraph (1) constitutes a case where a judgment cannot be pronounced simultaneously with the offense subject to the final and conclusive judgment mentioned in paragraph (2).

(2) Each of the instant offenses cannot be a crime subject to final and conclusive judgment and the latter part of Article 37 of the Criminal Act. < Amended by Act No. 12514, Mar. 27, 2014>

【Criminal Facts】

"2017 Highest 4501"

1. In June 2016, the Defendant: (a) stated that “B (the victim B) was the victim B (the 74 years of age), who was not a police officer, to sell and purchase the real estate owned by the said victim at KRW 307 square meters prior to Busan-gun, Busan-gun, and KRW 76 square meters prior to D 50,000; (b) was delegated the said victim to sell and purchase the real estate; and (c) thereafter, at the time of being entrusted the said victim with the sale and purchase of the real estate, the Defendant: (a) induced the victim to create a F District in the site of KRW 176,217 square meters in Ulsan-gu, Ulsan-gu; (b) was able to immediately invest KRW 100 billion; and (c) if so, the Defendant may be a successful business and may have the land value of KRW 50,000,000,000 from among them.

However, the Defendant had no assets as credit bad at the time, and was in the state of having no funds to invest in the FF district development project.