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(영문) 울산지방법원 2015.06.04 2015고단493
사기
Text

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

except that 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

[Criminal Power] On March 16, 2012, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Ulsan District Court on October 10, 201, and the judgment became final and conclusive on the 24th of the same month.

5. 25. The same court is sentenced to a suspended sentence of ten months for the same crime; and the same year;

6.2. A final and conclusive judgment, having been sentenced to four months of imprisonment for the same crime in the same court on May 31, 2013, and such judgment is the same year.

6. 8. A final and conclusive judgment on October 30, 2014, which was sentenced to six months of imprisonment with prison labor at the Changwon District Court for the act of arranging stolen goods, and that judgment became final and conclusive on November 7 of the same year.

【Criminal Facts】

Around March 23, 2011, the Defendant made a false statement to the effect that “The Defendant would have the right to operate a brine restaurant at the construction site at the site of the State, as the Defendant would have received an order from the victim E to build a support center located in the KCC Ulsan General Industrial Complex.”

However, the Support Corporation, which the Defendant had to receive the orders, was no longer paid on December 2010, and the Defendant was liable to F to pay the loan amount of KRW 100 million to G and KRW 30 million,000,000 per month with the operating funds of the said D, and even if there was no particular property or income, the Defendant did not have the intent or ability to return KRW 20,000,000 if the Defendant did not receive KRW 20,000 from the victim even if he did not have any other property or income.

Nevertheless, the Defendant, by deceiving the victim as above, received 20 million won from the victim as the down payment for the 20 million won operating license through the Agricultural Cooperative Account in the name of D on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A letter of agreement on the operation of a cafeteria and details of account transfer;

1. As to the attachment of each investigation report data, whether a sales contract is made with respect to the implementation of the KCC Ulsan General Industrial Complex, or not.

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