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(영문) 울산지방법원 2015.07.16 2015고단1208
사기
Text

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

The defendant pays 30,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On December 2, 2013, the Defendant committed “E” with the victim’s home located in Ulsan-gu, Ulsan-gu, with his own name hiddenly and with the victim’s own name hidden, and “B is an amount of KRW 4.3 billion, making an investment in real estate, and making an investment in the Seoul Enterprise Bank, which is located at the location of the branch of the branch, and after having deposited the money, it was discovered to the National Tax Service and paid the fine. The last fine was exceeded KRW 30 million. The last fine was paid at the level of KRW 30,000,00,000, the name of all bank transactions and the above KRW 4.3 billion can be found. Accordingly, if the Defendant borrowed KRW 30,000,000 to B, it is false that he would have paid the said fine with the money.”

However, the defendant did not own the above 4.3 billion won or impose a fine related thereto, and even if he borrowed money from the victim due to no special property or income, he did not have any intent or ability to complete the payment.

On December 10, 2013, the Defendant received 30 million won in total, including 10 million won cashier's checks, 2, 5 million won cashier's checks, and 5 million won cashier's checks, from the victim and acquired 30 million won in borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation report (specific suspect);

1. A complaint;

1. Application of Acts and subordinate statutes to copies of cashier's checks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The reason for sentencing of Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution Sentence [Scope of Recommendation] The basic area (6-100 million won or less) (6-100 million won or less) of the category 1 (6-106) [no person] [Pronouncement] is led to confession and reflect by the defendant, but the amount of fraud is three.

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