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(영문) 울산지방법원 2015.06.17 2015고단151
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

In September 2013, the Defendant supplied materials in size of 2 billion to the apartment site of the articles of incorporation, i.e., the Seosan-gun's articles of incorporation, i.e., the Defendant supplied materials. The price can be paid within 2-3 days after receiving the value of the materials from the original office. The sum of the installment savings or the deposit for lease on a deposit basis in Korea would be KRW 6-70 million, and it would be possible to pay them in a large amount."

However, the Defendant, while carrying out 4-5 construction works at the same time, was in a situation where the Defendant was unable to refund materials and payments to the Defendant’s bank obligations of KRW 15 million and other goods payment obligations of KRW 0 million. Since there was no installment savings and the Defendant’s house deposit is less than KRW 5 million, there was no intent or ability to pay the price even if he received materials from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered eight business entities equivalent to the general sum of KRW 1,698,950 on September 25, 2013, and KRW 10,152,890 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint, a copy of an electronic tax invoice, and a printed copy of a letter;

1. Application of Acts and subordinate statutes to investigation reports (additional statements by a complainant and specification of the amount of damage);

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the pertinent criminal facts - The reason for sentencing the choice of imprisonment [the scope of recommendation] general fraud [the mitigated area (100 million won or less)] [1-1 year] in the mitigated area (1-1 year], or the degree of deception is weak (the decision of the sentence] in a case where the act of deception is committed intentionally, or the degree of deception is weak [the decision of the sentence] in a case where the damage other than the above sentencing person is not recovered at all, and the punishment shall be determined as per the order, taking into account all the circumstances such as the circumstances of the crime, the details of the deception and the amount of deception,

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