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(영문) 울산지방법원 2016.09.29 2016고단2801
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 2014, the Defendant knew that the victim D(61) arbitrarily occupied and resided in the housing owned by the Korea Rural Community Corporation was difficult to obtain a request for an explanation of the housing owned by the Korea Rural Community Corporation, and received access from the victim to the victim in order to obtain the money in the name of the cost of acquiring the ownership of the housing.

The defendant, on March 2014, in the victim's residence in Yangsan-si, will help the victim to live and purchase the company house owned by the Korea Rural Corporation.

I would like to purchase the above house and register the transfer until May 2014 because there is a person contact with the Korea Rural Corporation and there is a connection with the political power.

“......”

However, in fact, although the defendant mobilized beer and did not have the intention or ability to purchase the above house from the Korea Rural Community Corporation, he prepared living expenses, and made such false statements to the victim.

As such, on April 29, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 2.5 million in the name of the purchase price in the name of F Co., Ltd. used by the Defendant; (c) received transfer of KRW 24 million in the same name as the same account around May 12, 2014; and (d) received KRW 10 million in the same name as the same account on May 14, 2014, and received KRW 36.5 million in total by transferring it to the same account on the same day on May 14, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on deposit transactions and details of deposit and withdrawal transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the scope of recommendation] The basic area (from June to one year and six months) (no person subject to special sentencing] (a decision subject to special sentencing] has yet to be injured.

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