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(영문) 울산지방법원 2018.05.25 2018고단252
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant has the opportunity to punish the victim E at the “D” coffee shop operated by the Defendant in Ulsan-gun, Ulsan-gun, Ulsan-gun, 201.

Any person shall be entitled to make an investment in money as he or she does not give any opinion.

4 Shares related to mobile communications immediately arise.

The F is in charge of all of the origin from the flag-free unit.

The shares of 60,00 won per share with 5,00 won per share with tin acid owned by the internal government, but when the 4 mobile communication is launched, the price increase up to 10 times by listing immediately.

The purchase shall be 5,00 won per share of the purchased price as it is.

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

However, the above shares were not issued because G Co., Ltd., a corporation operating the above business at the time, was not established, and even after the issuance, the above shares were not listed, and the defendant did not invest with the interest rate of the purchase fund of the above shares, and did not have the intent or ability to transfer the above shares to the victim.

Nevertheless, on September 26, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million from the Defendant’s agricultural bank account in the name of the Defendant on September 26, 201; (c) received KRW 20 million from the same date; (d) received KRW 20 million from the national bank account in the name of the Defendant on September 29, 201; and (e) received KRW 20 million from the same account around October 28, 201; and (e) received KRW 52 million in total as the transfer price of stocks, etc., by transferring KRW 20 million from the same account on the same date.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A contract for transfer of stocks, a contract for investment promise of promoters, a contract for participation at a consortium, and a written promise for investment (list 6);

1. Application of Acts and subordinate statutes to each account and the details of check transactions (Evidence Nos. 47, 48, 62, 184 of evidence records);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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