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(영문) 울산지방법원 2016.02.18 2016고단18
사기
Text

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

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

Reasons

Punishment of the crime

On August 2013, the Defendant operated the removal construction work office to the victim F, and paid taxes to the tax office to the victim F.

A loan of KRW 10 million shall be paid in three copies of interest, and shall be paid in full if the construction cost is paid after the month.

“A false statement” was made

However, there was no property owned by the Defendant at all, while the Defendant’s husband was performing the removal work, the Defendant was unable to receive the payment from the Customer normally, and even if the Defendant borrowed money from the damaged party under the above circumstances, it did not have the intent to pay it to the victim.

The Defendant received 10 million won in cash from the injured party on his job and received 60 million won in cash or 16.5 million won in total from around that time to January 16, 2015 by deceiving the victim in the same way in the same manner, as in the list of crimes in the attached Table, and received cash or the agricultural bank account in the name of G.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police with regard to F;

1. Each written application, a copy of each business registration certificate, a written estimate, a written contract for construction works, a copy of a loan certificate and a fact-finding certificate, a certificate of account of each member transaction account, a copy of a certificate of account deposit without passbook, a copy of a certificate of account deposit by member transaction account, a certificate of all the matters to be registered (including oral matters), a statement of account transaction by passbook, a copy of a statement of account transaction with passbook, a copy of a detailed statement

1. Application of Acts and subordinate statutes to investigation reports (investigation into the amount of damage and the lump-sum change of damage);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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