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(영문) 울산지방법원 2020.11.26 2020고단473
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 April 4, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Ulsan District Court for fraud, and the said judgment became final and conclusive on the 12th of the same month.

On September 2, 2011, the Defendant asked the victim B to purchase and pay the acquisition tax of the building Nam-gu C in Ulsan-gu, Ulsan-gu, Seoul-gu, to lend money to the victim B, and to repay three copies of interest.

However, the defendant is true and accused.

8. On November 1, 201, the building in Ulsan-gu, Seoul-gu, purchased a building under the name of fraud D, set up a collateral security of KRW 1.779 million from the E Union to lend the purchase amount of KRW 830 million from the E Union. On the 17th day of the same month, the collateral security was set up with a maximum debt of KRW 150 million, and the payment of acquisition tax, etc. was made to F with a loan of KRW 87 million. In addition, even if there was no particular property, it did not have any intent to fully repay the building with money from the victim.

As a result, the defendant has caused the victim to do the same year.

9.2. The Defendant’s G Bank Account (H) transferred KRW 10.7 million to the Defendant’s G Bank Account and acquired it by means of the same method from the same day to July 9, 2013, including the same day by means of the same method as indicated in the attached List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Submission of data by a complainant or credit information inquiry report);

1. Previous convictions indicated in judgment: Criminal records, reporting on results of confirmation of the fixed date (attached to a written judgment), and application of Acts and subordinate statutes to investigation reports (attached to a written

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is subject to the Defendant’s total of KRW 137,770,000 for up to two years without any intent or ability to repay the borrowed amount.

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