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(영문) 울산지방법원 2012.09.07 2012고단1553
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In fact, the Defendant did not have any particular asset and the Defendant’s subsidiaries did not have a advisory attorney-at-law, but did not obtain investment information from a member of the National Assembly or the head of the agricultural branch. Therefore, even if the Defendant borrowed money from the victims, the Defendant did not have an intent or ability to purchase land or to guarantee the principal and high profits by investing in the corporate management fund, but did not have an intent or ability to receive the aforementioned money from the victims to arbitrarily use it in the repayment of personal debt to F, etc.

1. On May 1, 2009, the Defendant: (a) purchased land on the scale and 36 times the amount of 36 times the amount of profit by investing in the fact and land at the house of Ulsan-gu G apartment 702, Ulsan-gu, Ulsan-gu; or (b) did not have obtained high-class investment information from the members of the National Assembly; (c) although there was no pro-Japanese-gu, the Defendant purchased land on the scale and 36 times the amount of profit. There is a clear high-class information that there was a pro-Japanese-gu, a member of the National Assembly; (d) at least two times the amount of profit even if it is not equal to the size and land; and (e) made a false statement to the Defendant’s agricultural bank account on May 12, 2009, and (e) received KRW 10 million from the victim as investment money.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim.

2. On May 12, 2009, the Defendant: (a) the Defendant: (b) did not have high-quality information about the fact at the home of the said victim C in a member of the National Assembly; (c) did not have any high-quality information through her friendship, and (d) did so to the victim C, a member of the National Assembly; and (c) did so by making a false statement that she was in Seoul; and (d) was transferred from the victim to the Defendant’s agricultural bank account on May 12, 2009.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim.

3. The Defendant on November 2009

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