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(영문) 울산지방법원 2013.08.22 2012고단3182
사기
Text

No. 2-A of the judgment of the defendant

As to the crimes, fine of two million won shall be imposed for each of the remaining crimes in the holding, seven months of imprisonment.

Reasons

Punishment of the crime

[Criminal Justice] On February 11, 2009, the Defendant was sentenced to a two-year suspended sentence of imprisonment for embezzlement at the Ulsan District Court on June 2009, and became final and conclusive on February 19, 2009.

【Criminal Facts】

1. Around January 18, 2008, the Defendant, against the victim D, made a false statement that “The Defendant, at the victim D’s house located in Ulsan-gu E building 303, Ulsan-gu, Seoul-gu, would find the Defendant as a member of the Hasco suspended from employment. To this end, entertainment expenses need to be paid for money.”

However, even if the defendant receives money, he did not have any intention or ability to work F.

As such, the Defendant, including by deceiving the victim and being given KRW 400,000 from the victim’s place of residence, received KRW 52,480,00 in total over 56 times as shown in the attached Table of Crimes, including by October 16, 201.

2. The criminal defendant against the victim G was working as the I Apartment Model House at H around 2008, when the completion inspection of the above apartment house was conducted and the occupancy was completed, the defendant was 20% of the profit. However, although J, the contractor of the above apartment, did not properly perform the sale business, such as default, etc., and did not have any income at all, and even if there was no other property, the defendant did not have any ability or intent to repay money to the victim G.

At around 13:30 on November 5, 2008, the Defendant made a false statement to the Defendant that “it shall pay back to the Defendant two weeks after the Defendant’s loan of KRW 600,000,000 to the Defendant, which is located in Ulsan-gu K, Ulsan-gu, Seoul-gu. If it is not possible to pay after two weeks, the Defendant would provide all electronic equipment, such as television and air conditioners in the model be provided.”

However, in fact, the defendant did not have any specific property or income at the time, and even if he borrowed money, he did not have any intent or ability to pay it.

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