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(영문) 울산지방법원 2017.07.06 2016고단692
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor for a crime set forth in the holding one of six months, by imprisonment with prison labor for a crime set forth in the holding two, three, or four of the judgment.

Reasons

Criminal facts

On August 21, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Ulsan District Court for fraud, and on May 4, 2010, the execution of the sentence was terminated at the first intersection of the North Korean Dos, and on April 12, 2013, the Ulsan District Court sentenced the Defendant to a suspension of execution for four months of imprisonment with prison labor at the Ulsan District Court for fraud, and on April 20, 2013, the said judgment became final and conclusive.

1. On July 13, 2012, the Defendant at the “C” coffee shop located in Nam-gu, Ulsan-si, Ulsan-si, and the Victim D calls for the degree of KRW 3 to 500 million upon receipt of lighting. The Defendant may receive lighting up to KRW 2-300 million without a deposit if he/she is a business proprietor who well knows within the Republic of Korea.

As such, it made a false statement to the purport that “Saman of lighting business”, “Sasan-gu which is secured in advance,” “I will make a contract with the ground-report,” and “I will make a request for the introduction fee to a real estate business operator who introduced a father.”

In fact, the Defendant had been urged by another creditor to repay his/her obligation, and even if the Defendant received the new construction cost for lighting business from the injured party due to poor expenses, living expenses, etc., he/she did not have the intent or ability to use the money as the construction cost, and did not have the ability to receive lighting worth of 2-300 million won without the deposit.

On July 25, 2012, the Defendant received 40,000,000 won from the damaged party to the Saemaul Treasury account (F) in the name of the wife E under the pretext of advance payment for the construction work of the store.

From July 13, 2012 to August 20, 2012, the Defendant acquired money of KRW 71 million in total from the damaged person to the above Saemaul Treasury account as stated in the list of crimes.

The method of delivering a temporary nominal amount in the table of crime Nos. 13, 13, 201, the introduction fee for real estate business entities around July 13, 2012, including the introduction fee of KRW 1,000,000 for real estate business entities around July 13, 2012, and the Saemaeul Credit Depository Account (F) in the name of the Dong-dong on July 16, 2012, around July 2012, 300 KRW 40,000 as advance payment for the store construction work around July 25, 2012.

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