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(영문) 울산지방법원 2016.08.09 2016고정409
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 11:00 on May 4, 2015, the Defendant loaned KRW 10 million to the victim D’s “E” office operated by the victim D, on the land in the racing-si, for the purpose of lending money to the victim KRW 10,000,000 from “E” office, “it is necessary to newly construct and resume the construction of a new five-year mushroom growing complex on the F land in the racing-si, and to resume the construction, the Defendant would be able to apply for a loan to the bank after lending the money, and to have the 444,000,000,000,0000,000,000

“The phrase “ was false.”

However, the defendant did not have a plan to implement a new construction of a mushroom growing complex, and the victim did not have an intention or ability to contract the steel framed construction to the victim.

The Defendant, as such, by deceiving the victim, was issued KRW 10 million in total by the Saemaul Treasury account (Account Number: G) in the name of the Defendant on the same day, from the victim, under the pretext of borrowing money from the victim, and was issued KRW 10 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and I;

1. Each investigation report (applicable to Acts and subordinate statutes 5, 6, 7, 10, 13) at a moment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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