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(영문) 울산지방법원 2016.05.19 2016고단748
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2014, the Defendant offered the victim D's residence in Ulsan-gu, Ulsan-gu, to offer the victim as security the land and housing of Ulsan-gun E by lending KRW 20 million to the victim.

“A false representation was made.”

However, in fact, the Defendant did not have the ability and intent to repay money from the injured party in excess of the debt at the time. In particular, the above site was a river site owned by the State, and the above house was a building without permission, so it was impossible from the beginning to provide the above site and the house as security to the injured party.

The Defendant received KRW 20 million from the damaged party to the Agricultural Cooperative Account in the name of Defendant F, around April 26, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. Borrowing certificates, process certificates, applications for disuse of State property, land use planning certificates, land registers, and remittance receipts;

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

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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;

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