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(영문) 울산지방법원 2016.05.24 2016고단729
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In 2012, the Defendant became aware of the Victim C through the introduction of the Franchisor in 2012, and the Defendant was friendly from July 2012 to October 201 of the same year, such as having been employed as a regular business of the victimized company from around July 201 to around October 201 of the same year, and on November 2012, the Defendant planned to purchase the victim’s land D and E, and there is a lack of down payment of KRW 30 million.

The right to construct commercial buildings shall be given on the face of the loan of KRW 30 million, and if the loan of the permission for commercial buildings is granted, the incentive of KRW 200 or KRW 300 million shall be granted.

“A false statement was made to the effect that it was “.”

However, the Defendant discontinued the business (ju) that was operated around November 19, 2009, and was in bad credit standing. Accordingly, the Defendant was in a state of being urged to repay KRW 50 million borrowed from G due to failure to repay the said KRW 50 million borrowed from G while operating the said business. Therefore, even if the Defendant borrowed KRW 30 million from the damaged party, he did not intend to use the said real estate as the down payment.

On November 21, 2012, the Defendant received a copy of the check from the injured party on November 21, 2012, at the I coffee shop located in Yangsan-si H around 13:00, a par value of KRW 30 million.

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 C;

1. Each statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the details of passbook transactions and certificates of closure;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies in agreement with the victim that a victim does not want to be punished by imprisonment without prison labor or any heavier punishment

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