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(영문) 울산지방법원 2017.05.30 2017고단811
사기
Text

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

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

Reasons

Criminal facts

On April 28, 2010, the Defendant was sentenced to imprisonment with prison labor and three years in the Ulsan District Court for fraud, etc., and the judgment became final and conclusive on July 2, 2010.

On March 5, 2009, the Defendant: (a) at the office of D Co., Ltd., the third floor of the building in Ulsan-gu C, Ulsan-gu, Seoul-do, on March 5, 2009, the victim E was at a high market price due to the fact that “F forest at the time of smuggling is not much high; and (b) the Defendant would give 4.

The purchase of the above land shall be completed after dividing the above forest land by June 2009 and completing the registration of the transfer of ownership.

“.......”

However, at the time of the establishment of D, the Defendant had no funds or real estate in relation to the establishment and operation of D, other than KRW 100,000,000,000,000 or KRW 70,000 per month for employees’ monthly salary in relation to the management of the said corporation. At the time of the establishment of D, the Defendant was in a situation where the disbursement of KRW 8,00,000 or KRW 10,000 is anticipated as the expenses for the management of the office, and there was an anticipated expenditure of KRW 8,00,00 or KRW 10,000 as the expenses for the management of the said corporation. In relation to the sale of the forest at port G, H, and other businesses, the Defendant was liable for the repayment of KRW 40,00,000 or more due to the failure to complete the registration of ownership transfer in accordance with the contractual terms and conditions, and did not obtain the remaining payment from the victim, even if M around February 19, 2009.

Around March 6, 2009, the Defendant had received delivery of KRW 54,600,000 in total, including KRW 12,100,000,000, around March 9, 2009, from the victim, by deceiving the victim as above, to the bank account under his own name.

Summary of Evidence

1. Statement by the defendant in court;

1. The police of E.

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