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(영문) 울산지방법원 2013.11.14 2013고단2950
사기
Text

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

However, 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

[Criminal Power] On November 24, 2011, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Jung-gu District Court, which became final and conclusive on May 19, 2012.

【Criminal Facts】

Around December 16, 2009, the Defendant made a false statement to the victim C at the construction site of Ansan-si, B, and that “I will lend KRW 100 million to the victim 10 million, which would have been repaid within one year, because I would have the right to transport reclamation work of one construction site at the B construction site.”

However, it is unclear whether the Defendant could subcontract the contract of carriage of the above Section 1 from the original contractor because of the absence of any specific property, and at the time, the Defendant did not settle the principal or pay profits despite having been invested in the amount of KRW 50 million from D and E in around 2008, and there was no intention or ability to pay the amount even if the Defendant borrowed money from the victim the obligation to use the equipment and pay the oil amount of KRW 7-8 billion.

Nevertheless, the Defendant, however, is the victim of the same day, KRW 19 million on the same day, KRW 24 million on January 11, 2010, KRW 5 million on the 13th day of the same month, KRW 1 million on the 15th day of the same month, and the same year.

2.3.1 million won, and the same year;

3.4. 3 million won, and the same year.

6. A person was granted a total of KRW 80 million, including KRW 18 million, as a loan, on seven occasions in total;

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to F and C;

1. A copy of a bankbook and a letter of passbook;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of an agreement with the victim, and a anticipated sentence when judged together with the criminal facts of the above final judgment, etc.);

1. Probation and community service order;

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