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(영문) 울산지방법원 2020.11.12 2020고단1557
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On December 20, 2019, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for six months at the Ulsan District Court for fraud, and on August 13, 2020, the judgment became final and conclusive.

1. Fraud against the victim B;

A. A. Around June 7, 2017, the Defendant, under the pretext of C’s introduction fee for the input of C’s equipment, told the victim at the victim B’s office located in Kimhae-si, Kimhae-si, that “The victim would change KRW 5 million into the test cost to induce pumps to input the pumps at the C’s new construction site.”

However, the Defendant did not have the intent or ability to induce the pumps to enter the construction site even if the Defendant received money from the victim.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

B. Around March 30, 2018, the Defendant said that “Around March 30, 2018, the Defendant provided that “the victim would incur KRW 10 million to put pumps into the E Construction Site” at the same place.

However, the Defendant did not have the intent or ability to induce the pumps to enter the construction site even if the Defendant received money from the victim.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim’s account in the name of the Defendant to the Agricultural Cooperative Account in the name of the Defendant.

2. Around April 17, 2018, the defrauded of the Victim F told the Victim F F to “The Victim F will give the Victim F the Non-Guidance Construction Work at the E Work Site in the Defendant’s office located in the third floor of the building in Ulsan-gun, Ulsan-gun, Ulsan-gun, to change the Victim F to KRW 30 million as the deposit money.”

However, at the time of fact, the defendant did not have been ordered to perform the non-construction works at the E site, and there was no intention or ability to give the victim the non-construction works.

The Defendant, by deceiving the victim as such, received KRW 15 million on the same day from the victim to the Agricultural Cooperative Account under the name of the Defendant, and received KRW 30 million on April 18, 2018, in total, KRW 15 million.

Summary of Evidence

1. The defendant;

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