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(영문) 울산지방법원 2012.09.13 2012고단1292
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 30, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on the grounds of violating the Sound Records, Video Products, and Game Software Act at the Ulsan District Court, and the judgment became final and conclusive on November 7 of the same year.

From October 2006 to August 2007, the Defendant was in charge of the management of the victim’s property by handling the budget execution, conference affairs, and competent affairs resolved at the general meeting of the Council of the Council of Telecommunications (U) from October 2006, and managing books.

On November 2006, the Defendant had a duty to properly manage and dispose of the instant forest land, which is property in the door for the victim, with the care of a good manager, when disposing of 24,397 square meters (including X3254 square meters) and 3,174 square meters (hereinafter “the instant forest”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, a Ulsan-gun, with the consent of the president by a resolution of the president from among the door of the victim’s door 21, other than the members S. 21.

Nevertheless, on February 2, 2007, when the Defendant owed approximately KRW 300 million to a mushroom farmer’s failure, the Defendant acquired the ownership of the forest land of this case in the name of the victim without intent or ability to normally pay the purchase price of the forest of this case, and had the Z acquired the ownership of the forest of this case under the name of the Z to purchase the forest of this case, and decided to preferentially repay the Defendant’s personal debt and pay part of the purchase price.

Accordingly, around January 5, 2007, the Defendant sold the instant forest to the victim representative V in the area of the Z located in Ulsan-gun, Ulsan-gun, and made a false statement as if he received the down payment, and had V prepare the Z and sales contract on behalf of the victim, on behalf of the victim.

In addition, the Defendant received the purchase price for the instant forest land from the purchaser even though the Defendant did not receive at all the purchase price for the instant forest land from the Z, on February 2007.

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