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(영문) 울산지방법원 2016.01.28 2015고정2014
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On June 24, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court, and the judgment became final and conclusive on November 9, 2015.

[Criminal facts] Defendant A is in no position, and the victim B is a person who purchased a house of Ulsan-gu C with the introduction of the defendant.

Defendant

A has no intention or ability to perform urban gas construction works even after receiving the price of “urban gas construction” from the victim.

Nevertheless, the Defendant, at around 11:00 on November 5, 2014, at the office of real estate E located in Ulsan-gu, Ulsan-gu, Seoul-gu, in order to cover KRW 9 million in estimation of the cost of installation, construction cost, and costs of installing five gas boilers, the Defendant would bring about urban gas construction on the part of the victim.

The phrase “ makes a false statement.”

Around November 5, 2014, the Defendant received a total of KRW 5 million from the damaged party, such as remittance of KRW 2 million to the Agricultural Cooperative Account (F) in the name of A, KRW 2 million around December 17, 2014, and KRW 2 million around December 18, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. A copy of bankbook;

1. Previous records: Application of Acts and subordinate statutes to search cases and file court records;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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