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(영문) 울산지방법원 2018.06.28 2017고단4250
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 201 to July 2017, 2017, was a person who worked as a managing director of the department of the business division of “D” located in Ulsan-si, Ulsan-si, and the victim E is a representative director of the “G” retailers of the air conditioners in Ulsan-gu, Ulsan-gu.

The Defendant said to the effect that “The Defendant has a significant influence on the ordinary victim as he/she has invested KRW 25 million in D and has a regular business.”

On May 2017, the Defendant was ordered to remodel “I” bath in H at the time of mass production from the damaged party on the ground of influent land. The Defendant entered into a remodeling construction contract under the name of Nman who is a managing director and could have the remodelling work at the responsibility of the partnership.

“Along with the question of “,” it was false to the effect that it would do so.

However, the above construction work could not be carried out under the responsibility of the above partnership because most of the union members oppose the above construction work on the ground of the enemy. Since the defendant did not pay any investment money to the above union and did not have any particular influence, the above construction contract was concluded in the name of the above union and there was no intention or ability to carry out construction work on the responsibility of the above union.

As such, the Defendant, by deceiving the victim, received a total of KRW 60,500,000 from May 23, 2017 to July 26, 2017, in total, 13 times from around July 2017, as the price for remodeling construction in the name of the association.

Summary of Evidence

1. Legal statements from witnesses E and J (part);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a investigative report (a copy of a remittance statement, a construction contract, a statement of passbook in the name of K, and an investigation into D);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination of the assertion of the Defendant (Defense Counsel) under Article 62(1) of the Criminal Act and the grounds for sentencing

1. The defendant (defense counsel) shall be accompanied by additional construction between the victim and the victim.

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