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(영문) 울산지방법원 2016.05.19 2015고단2893
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal record] On October 10, 2012, the Defendant was sentenced to two years of imprisonment by the Ulsan District Court for embezzlement, etc., and the said judgment became final and conclusive on January 11, 2013.

[2] On January 19, 2010, the Defendant: (a) came to know of the Defendant’s introduction from the “D” office operated by the Defendant in Ulsan-gu, Ulsan-gu; and (b) planned to perform construction works on the land of the Gyeonggi-gu, Chungcheongnam-si; and (c) to receive loans as security.

To lend KRW 200,000 to be used as the purchase price of the above land, 40,000 shall be granted a loan after completing the development within six months.

“Along with the fact, the Defendant’s name was written as “G” and the Defendant’s resident registration number was written as “H”, unlike the actual ones.

However, the Defendant had no economic ability to pay the construction cost of the above land or neighboring land because the Defendant had not repaid the guaranteed obligation of approximately KRW 500 million in around 2000 and became a bad credit partner in around 2010. Thus, the Defendant had no economic ability to pay the construction cost of the above land or neighboring land. Since it was difficult to purchase and execute construction due to the opening of access roads, even if the above money was paid from the injured party within six months, the Defendant purchased the above land and conducted construction work within six months, and did not have any intent or ability to return KRW 400 million by receiving the loan as security.

As above, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) obtained a total of KRW 210 million from the office located in the Dong-gu, Ulsan-gu, Ulsan-gu, U.S. on July 2, 2010 as the construction cost of the above land; and (c) obtained a total of KRW 10 million on two occasions in total from the office of “J” located in the Dong-gu, Ulsan-gu, U.S., U.S., and acquired the money from the victim at the time of the said investment ( Of the facts charged in this case, the Defendant thought that the money already received from the victim at the time of the said investment was to be used as the down payment of K-L in the vicinity of the said land.”

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