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(영문) 울산지방법원 2019.09.05 2019고단1156
사기
Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On August 28, 2018, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Ulsan District Court on September 5, 2018, and the above judgment became final and conclusive on September 5, 2018.

"2019 Highest 1156"

1. The criminal defendant against the victim R was aware of the victim through S, which is the victim’s seat.

On October 2015, the Defendant made a false statement that “The Defendant would develop the Nam-gu U land in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul-gu, Seoul-do, and create the land as a electric source site. The Defendant would obtain permission to develop the land if the land needs to be paid for KRW 15 million since it is necessary to do so.”

However, even if the Defendant received KRW 15 million from the victim, the Defendant did not have any intent or ability to obtain land development permission as above.

Accordingly, the Defendant, as seen above, by deceiving the victim and deceiving it from the victim on November 2, 2015, received 15 million won from the corporate bank account (W) in the name of the Defendant father V designated by the Defendant from the victim.

2. The defrauded against the victim X is a person who runs the scrap metal business.

On April 11, 2017, the Defendant made a false statement that “The Defendant would sell the scrap metal generated during the removal to KRW 55 million to the victim under a contract for the removal of the apartment house in Suwon-si, Suwon-si, Suwon-si, and sell it to the victim for KRW 25 million.”

However, even if the defendant received money from the victim as the starting money for the scrap metal, he did not have the intention or ability to sell the scrap metal to the victim.

Accordingly, the Defendant, by deceiving the Defendant as above, acquired the money from the victim to the account of community credit cooperatives in the name of the Defendant (Z) around April 13, 2017, the sum of KRW 5 million, and KRW 25 million around April 19, 2017, and KRW 25 million.

The Defendant of the 2019 Highest 2047) on August 24, 2017, at the road side of the AB elementary school located in Ulsan-gun AB, Ulsan-gun, U.S. on August 17, 2017, “AC of the university of his/her father.”

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