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(영문) 울산지방법원 2014.04.04 2013고단3350
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 14, 2006, the Defendant was sentenced to imprisonment of one year and six months for fraud in the Changwon District Court’s territorial branch, and was released on March 28, 2008 during the execution of the sentence in the Changwon Prison, and the parole period expired on May 2, 2008.

[2013 Highest 3350] Although the Defendant did not have any particular property and income, and even if he borrowed money from others due to economic circumstances, such as around KRW 300,000,000, he did not have any intent or ability to complete payment, he had the victim C with the intent to be aware of it in E operated by the said victim in Ulsan-gun, Ulsan-gun, Ulsan-gun, thereby having the victim believe it, and acquired the money.

1. On February 1, 2010, the Defendant, at G office located in the Busan Dong-gu, Busan, stating that “A victim C shall have the money to be sent to H, and instead, he/she shall be repaid to H within one month if he/she sent the money to H.” The Defendant received KRW 5 million from the victim to the account in the H’s name on the same day.

2. On February 17, 2010, the Defendant stated in the above E that “A business that had been conducted before intending to be widely known in E ought to be organized and fruited. The Defendant was engaged in the apartment redevelopment project at the Haak-dong, Changwon-si, Gyeongnam-si, and it is necessary to complete the development of the apartment, but it is necessary to complete the development. If the Defendant borrowed KRW 30 million, he would complete the development.” The Defendant was transferred from the victim to the Busan Bank account in the name of the Defendant on the same day as the loan amount.

3. On March 12, 2010, the Defendant stated in the above E that “it is necessary to pay 2 million won for the redevelopment project cost for the apartment redevelopment project for the Gaun-dong, Changwon-si, Changwon-si.” On the same day, the Defendant was transferred from the victim to the Busan Bank account on the same day as the loan money.”

4. On March 25, 2010, the Defendant would have to pay back only KRW 100,000 to the redevelopment project cost of an apartment under the above E.

A plan for the redevelopment of apartments also;

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