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(영문) 울산지방법원 2018.01.17 2017고단2176
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A On December 5, 2014, the Ulsan District Court sentenced the suspension of the execution to six months of imprisonment for fraud, and the above judgment was finalized on December 13 of the same year.

1. On November 19, 2013, Defendant B’s sole criminal defendant made a false statement to the F office located in Ulsan-gun E, Ulsan-gun, and the victim G by phoneing the victim G that “When the closed cable pays KRW 20 million in advance as the closed cable was acquired on the high water, he may load the closed cable to the factory and carry the closed cable to the factory, and it is also subject to a contract for the right of removal to the Sungju, so that scrap may be loaded within two to three days.”

However, in fact, the Defendant did not keep the waste cable in F and did not have any intention or ability to deliver scrap metal even if he received money from the injured party, since the Defendant did not have any intention or ability to deliver the scrap metal even if he received money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim on November 20, 2013; (b) obtained the transfer of KRW 20 million in total to an enterprise bank account under the name of the Defendant; and (c) obtained the transfer of KRW 20 million in total from around November 22, 2013 to the corporate bank account under the name of the Defendant.

2. On February 17, 2014, the Defendants were required to return KRW 20 million, which was paid by the Victim G as stated in the facts charged, at the location described in paragraph 1 of the charge, around February 17, 2014, the Defendants’ joint crimes committed by the Defendants were conducted in order to have the victims undergo discussions at the office and contact with the victims, and the Defendant A had the victims take charge of the removal of the H at this time, and the volume is reasonable.

50,000,000 won paid in advance

The phrase “to transfer scrap metal” was made by combining KRW 20 million and treating all of the KRW 100 million as a payment of KRW 100 million.

However, in fact, the Defendants were refused to enter the H removal work site based on the contract entered into with I and were refused to enter the H removal work site on December 12, 2013.

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