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(영문) 울산지방법원 2016.08.18 2015고단2371
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 is a person of bad credit standing who bears approximately KRW 600 million obligations, such as border guarantee obligations, in 2014, and is a person who has engaged in a scrap metal business in the name of E in the name of B in the name of B to avoid creditors' collection.

When the Defendant spreaded the F, which is a high school windowpane, the Defendant: (a) by deceiving the F, who was unaware of the fact about the scrap metal transaction; (b) by deceiving the damaged party to obtain money from the damaged party; and (c) by receiving investment of KRW 100 million from F to July 24, 2014, the Defendant also established G Co., Ltd., which is the representative director and the Defendant’s auditor.

1. On July 11, 2014, the Defendant, on July 11, 2014, planned to stop K apartment at the office of the Victim F in Ulsan-gu, Ulsan-gu, the first half of July 2014, to the victim F, who was preparing to establish G, and to “I would like to stop K apartment at the YJ in the north-gu, the north-gu, the North Korean port.

On May 2015, it was planned that the scrap metal will be supplied at the construction site.

In order to be supplied with scrap metal, the field warden stated that the advance payment should be deposited in advance, and the amount of KRW 15 million should be changed as advance payment."

However, the Defendant did not know the site warden at the above construction site. The Defendant requested the vice president of I to supply the scrap metal and did not conclude a contract to supply the scrap metal. The Defendant did not know about the volume of the scrap metal that can be supplied at the site of the above apartment construction site. Even if receiving money from the injured party, it was thought that it would be used as living expenses, etc., so even if receiving the advance payment from the injured party, there was no intention or ability to receive the scrap metal from I around May 2015.

Accordingly, the Defendant, by deceiving the victim, was given KRW 5 million in cash from the victim's car stopped at the time of death at the port of North Korea on July 11, 2014 from the victim's injury, and received KRW 6 million in cash on July 14, 2014, and transferred KRW 4 million in total on two occasions with a new bank account (Account Number L) in the name of C on July 14, 2014.

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