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(영문) 울산지방법원 2018.04.13 2017고단3919
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 11, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than six months at the Ulsan District Court for fraud, and the same year.

7. 4. The same court was sentenced to eight months of imprisonment due to fraud, etc. and completed the execution of the sentence on October 22 of the same year.

1. Fraud;

A. On December 27, 2013, the Defendant made a false statement to the effect that “If he/she is engaged in a business supplying oil, and makes an investment of KRW 29 million in the tank 1 unit of the tank lives, he/she shall operate the tank lives with such money and pay a profit of KRW 300,000 from every month to KRW 4 million, and the principal shall be returned at any time if he/she makes a statement in advance only before the month.”

However, in fact, the Defendant did not start the above petroleum import business and did not have the intent or ability to deliver the principal or profit as promised even if the Defendant received money from the said victim because the Defendant did not start the above petroleum import business and the profits from the existing investors were paid as investments by new investors.

Nevertheless, according to the statement in column 1 of the attached Form No. 1 of the indictment of KRW 29 million in the case of the defendant's letter of indictment from the above victim F, the defendant deceivings the victim F, and his deceivings the victim F, on the same day from the above victim, the defendant's statement in column 1 of the attached Form No. 1 of the indictment of KRW 29 million, the "10 million" as stated in the facts charged is clear that the "29 million won" is a clerical error in the "29 million won", and even if the correction is made without the amendment procedure, it does not interfere with the defendant's exercise of right to defense. Thus,

From September 18, 2014, 160,000 won was delivered from 16 victims to 390,050,000 won as investment money, as shown in attached Table 1 of the List of Crimes.

B. On August 28, 2014, the Defendant is free from lending money to the victim F in French-gun, Ulsan-gun, and Eup/Myeon (hereinafter referred to as the “FF”) for operating expenses.

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