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(영문) 울산지방법원 2014.01.06 2013고단3316
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 25, 2007, the Defendant stated that “D’s (ju) D office located on the seventh floor of the building located in Ulsan-gu, Ulsan-gu, Seoul-gu, that “D is an executory of redevelopment project with respect to FF 24 parcels and G G G 34 parcels, and if any, the construction will begin. The removal work may begin from the end of March 2007, at least from the end of March 2007, and the removal work contract is defective, and the deposit is changed first.”

However, in fact, the above FJ land in Ulsan-gu is the land for which another construction company intends to reconstruct, and the project site of D was not the project site of D, and GJ land was not yet authorized by the competent administrative agency, and due to the government's announcement of the implementation of the "Maximum Sale Price System" around December 2006, it is not practically impossible to approve the PF loans from the two industrial development (ju) of the above redevelopment project, which is the contractor of the above redevelopment project, until the end of March 2007, and it is not possible to commence the removal project until the end of March, 207. In addition, since the defendant received 300 million won from the Byung Byung-gu under the name of the deposit to give the above redevelopment project subcontracted the above redevelopment project, the defendant did not have any intent or ability to subcontract the above removal project even if it was received the money as the deposit money for the subcontracted project from the victim.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 100 million from the victim to the bank account (Account Number: H) in the name of Gyeongnam Bank on the same day as the deposit money from the victim, and obtained a total of KRW 20 million from the same account on the 29th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement of E;

1. A complaint and attached documents (referred to as evidence list Nos. 1 through 6);

1. Application of Acts and subordinate statutes governing the accounting date;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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