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(영문) 울산지방법원 2014.12.11 2012고단3782
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2012 Highest 3782"

1. On March 5, 2011, the Defendant, around March 5, 2011, stated that “A victim E (the 30-year-old-old-old-old-old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

However, in fact, the Defendant was a bad credit holder at the time of receiving the above money from the victim, and the HA company operated by the Defendant did not intend or have the ability to transfer the money to the victim after taking over the factory from the material as agreed even if it receives the money from the victim because it is difficult to obtain the money due to financial difficulties, such as the amount of delinquent tax in excess of KRW 130 million.

Accordingly, the defendant acquired 50 million won from the victim.

2. On May 201, 201, the Defendant issued KRW 32 million from the victim, on May 201, 201, to the effect that the Defendant: (a) stated that “I would have the Defendant take over the factory at a place, such as paragraph (1) on May 201, 201, and that “I would have the Defendant take over the factory with the money more than KRW 32 million, and would have the Defendant take over the factory at the same time; and (b) the Defendant received KRW 32 million from the victim.

However, as the above HH company's financial standing is no longer possible, the defendant was willing to actually operate the corporation under the name of the victim, and even if he received additional money from the victim, he did not have the intent or ability to allow the victim to take over the factory.

Accordingly, the defendant acquired 32 million won from the victim.

The defendant of "2014 Highest 3551" is located in Ulsan-gu New-dong around October 21, 2014.

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