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(영문) 울산지방법원 2015.01.28 2013고단3824
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Ulsan District Court on July 23, 201, and completed the execution of the sentence in the one-year prison for the North Korean defectors on March 3, 201.

[2013Kadan3824] On February 22, 2013, the Defendant made a false statement to the effect that “F, at the office located in Yangsan-si E Co., Ltd., Ltd. (hereinafter “F”), “F was in charge of the removal of the construction site located in Suwon-gu G, Busan-gu, and supplied the scrap metal generated from the removal site, the Defendant changed the amount of KRW 40 million in advance. The Corporation shall begin at the latest in one week.”

However, there was no intention or ability to supply scrap metal because the contract was not entered into for the removal work at the construction site.

Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 20 million from the victim, and KRW 40 million, including KRW 26.2 million on the same day and KRW 26.2 million on the same month from the victim, respectively, to the F account.

[2013Kadan4104] Around June 12, 2013, the Defendant made a false statement to the effect that “The Defendant would remove five-story buildings located in Ulsan Jung-gu, I would like to remove the five-story buildings located in Ulsan-gu. I, and will remove the scrap metal and the scrap metal coming from the show of 50,000,000 won at the face of a week.”

However, in fact, the defendant did not conclude a specific scrap metal supply contract on the above building, and since it was time to clarify when and when the building actually was removed, the defendant did not have the intention or ability to supply the scrap metal and the scrap metal to the victim according to the promise even if he receives the down payment.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, a total of KRW 5 million on the same day, KRW 17 million on the 14th day of the same month, and KRW 2 million on the 24th day of the same month, respectively, from the victim, to the account in the name of F.

[2014 Highest 103] Defendant is under the jurisdiction of Ulsan-gun, Ulsan-gun around September 24, 2013.

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