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(영문) 울산지방법원 2016.02.18 2013고단3620
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 37,200,000 won to the applicant by fraud.

Reasons

Punishment of the crime

[criminal records] On November 15, 2013, the Defendant was sentenced to a suspended sentence of three years on November 23, 2013 at the Ulsan District Court for criminal fraud, and the said judgment became final and conclusive on November 23, 2013.

"2013 Highest 3620"

1. On March 8, 2010, the criminal defendant against the victim C had the victim C build new apartments in the U.S. F in Ulsan-gun, U.S. E office operated by the defendant (ju) in Ulsan-gun.

In order to allow subcontracting construction of the above apartment building, the amount of KRW 50 million should be borrowed. On March 20, 2010, which is the date of commencement, the apartment building construction was falsely stated as follows: (a) KRW 30 million, which is the date of commencement of construction; and (b) KRW 20 million, which is the time of the first installment of construction.

However, at the time, the Defendant was unable to prepare funds for the construction of the Defendant’s debt amounting to at least one billion won without any specific property, and since the construction of the said apartment was not due to the land shortage, there was no intention and ability to complete payment even if the Defendant borrowed money from others.

In addition, the Defendant did not have the ability to enter into a subcontract as an executor other than the contractor, and would enter into a subcontract with the same framework construction by borrowing money from other creditors.

Because of the promise, there was no intention to allow the actual construction work.

On March 11, 2010, the Defendant acquired 50 million won from the damaged person to the post office account under the name of the Defendant by remittance as the borrowed money.

2. Fraud against victim G;

A. On March 18, 2011, the Defendant: (a) around March 18, 201, operated by the Victim G in Ulsan-gu, Ulsan-gu, Seoul-do (State) G on March 18, 201; (b) borrowed KRW 20 million to the Defendant at the victim’s I office of Ulsan-gun, Ulsan-gun, Seoul-gun, for a subcontract for civil engineering works of J apartment units; and (c) paid in advance.

“Finally false.”

However, on the grounds stated in Paragraph 1., the Defendant did not have any intent and ability to repay money to others, even if he borrowed money from others.

The accused shall subcontract as an executor other than the contractor.

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