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(영문) 울산지방법원 2015.06.11 2015고단173
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 2014, the Defendant removed an old office and completed new construction works until July 25, 2014, on the part of the Defendant’s company E, operated by the victim D in Ulsan-gun, Ulsan-gun, with the cost of removal of office 15 million won, including the victim’s 's 's 's 's 's 's 's 's 's 's '' and 70 million 's 's 's 's 's 's ' 's '

"Finally false."

However, even if the construction cost is received, the defendant did not have the intention or ability to perform the removal work and the new construction work.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife F, with the KRW 10 million on May 21, 2014, KRW 200,000 on June 4, 2014, and KRW 23 million on June 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A complaint and a detailed statement of entry and departure transactions;

1. Application of Acts and subordinate statutes to an investigation report (a separate accusation report, written statement, a copy of search, seizure and verification warrant, a copy of search, seizure and verification warrant, and details of transactions of passbooks in F.);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) and the mitigated area (one to one year) [Special Mitigation] [Pronouncement Decision], the defendant confessions and reflects the decision of sentence, the fact that the defendant agrees with the victim, and the fact that the defendant has no record of committing any crime above the suspended sentence, etc. shall be determined as above.

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