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(영문) 울산지방법원 2016.04.28 2015고단2422 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and B conspired to acquire money by deceiving the victim C to the effect that the market price of remodeling the hotel in Seoul was 25 billion won or more.

On July 2013, the Defendant and B made an investment of KRW 60 million to the victim C at the E office located in Ulsan-gu, Ulsan-gu, Seoul. The size of the construction work is about 25 billion, and the Corporation introduced “G”, which was known at the time of work in the F election campaign, and made an investment of KRW 60 million at the cost of the license loan for interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior management personnel, which is an employee in charge of state administration.

“.......”

However, in fact, “E” is a small-scale enterprise with a level of less than 5 million won which is capable of receiving a contract from the Ulsan Metropolitan City Facility Management Corporation, and has not been able to receive or take responsibility for remodeling of a large hotel with an amount of more than 2.5 billion won and to carry out construction works. In fact, the defendant and B did not have any intent or ability to pay the proceeds promised to the victim because they did not have any intention or ability to pay the proceeds to the victim, as they did not have any intention or ability to return the investment proceeds to the victim because they had any obligation to pay the construction cost equivalent to 20 million won without any particular revenue or property.

Nevertheless, on August 20, 2013, the Defendant conspired with B, by deceiving the victim, and acquired money from the victim through the corporate bank account in the name of the Defendant on August 20, 2013, by remitting KRW 60 million as investment money.

Summary of Evidence

1. The respective legal statements of the defendant and B;

1. Statement made by the police with regard to C;

1. A complaint;

1. Recording records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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