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(영문) 울산지방법원 2019.08.14 2016고단3890
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Ulsan District Court, which was sentenced to a suspended sentence of three years on December 3 of the same year.

[2016 Highest 3890]

1. The Defendant is a person working on the fifth floor of the building B in Ulsan-gu, Ulsan-gu as the representative of “C”, and the victim D is the representative of the corporation E.

On April 2014, the Defendant entered into a contract for the scrap metal of the Ulsan-gu FF Group, Ulsan-gu, and sought 400 million won from the victim through G and H as the price for scrap metal. However, H et al. stated that the scrap metal falls under approximately KRW 200 million, and that it cannot fall under KRW 300 million, and that the victim demanded KRW 300 million to the victim. Although the victim paid KRW 300 million, the actual scrap metal did not fall short of KRW 180 million, the victim demanded repayment from June 2014 to KRW 120 million.

2. Around December 2014, the Defendant stated that “The Defendant will have the victim receive a contract for the removal of the building in a size of 3,000 square meters around Ulsan-gu I, Ulsan-gu, Seoul-gu, under the supervision of the Defendant of the fifth floor of the building B. The Defendant said that “I will undertake construction works within six months at the latest, with the proceeds of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000

However, the Defendant entered into a contract with the J on March 11, 2014 on the right to remove and dispose of scrap metal in Ulsan-gu, Ulsan-gu, which entered the premise fact, and received KRW 80 million, but disposed of scrap metal generated from the removal work. On January 2015, 2015, the Defendant transferred the same interest of the representative of the said C to Dongin K, but transferred it to Dongin K by embezzlement, which is not a normal operation. Thus, the Defendant was within six months.

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