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(영문) 울산지방법원 2016.01.21 2015고단2204
사기
Text

The list of crimes of No. 1 through No. 6, No. 2, and No. 3, of the list of crimes of No. 2, set forth in the list of crimes of No. 1 and No. 3.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Ulsan District Court on November 23, 201 and the judgment became final and conclusive on December 1, 2012.

1. The criminal defendant against the victim D is expected to sell to the victim at auction on June 2012, 2012, the parts of the vessel purchased from E from E on the wind of this default will be kept in the bonded warehouse and disposed of.

The above vessel parts were acquired and resaleed to FF by the producer.

In this way, the principal and the profits will be returned if the investment is made because the profit can be earned.

“The purpose of “ was to make a false representation.”

However, in fact, the Defendant, at the time, did not have any particular property or income in the amount of cargo transport charges equivalent to KRW 482,487,727 against the Plaintiff, but did not have any intent to return the principal and profit even if the Defendant acquired the parts of the vessel but did not have any intention to acquire the parts of the vessel, since the Defendant did not enter into a resale contract with F on the part of the vessel, even if he did not acquire the parts of the vessel, the Defendant did not have any intention or ability to return the said parts, even if he received the money from the damaged party under the pretext of investment.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 150 million won from the victim through the Agricultural Cooperative account in the name of G on the 26th day of the same month from the victim; and (c) acquired it as an investment money; and (d) received a total of KRW 17 times from around that time to June 17, 2013, and acquired it by using the credit card in the name of the victim.

2. On June 2012, the Defendant got the victim to make a statement to the same effect as that set forth in paragraph 1 to the victim via D.

However, the facts are that the defendant is given money from the damaged person under the name of investment, such as the statement in paragraph (1).

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